1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On May 14, 2015, C Co., Ltd. (hereinafter “C”) concluded a lease agreement with the Flag Development Co., Ltd. (hereinafter “Flag Development”) to lease the 11th floor office of the Seoul Gwangjin-gu Seoul Special Metropolitan City DD building, which is owned by Flag Development, for the period from May 15, 2015 to August 14, 2015, to lease the 15 million rent without a deposit.

B. On May 26, 2015, the Defendant, the representative director of C, entered into a contract with the Plaintiff to sublease one of the above offices (hereinafter “instant office”) with the term of contract of KRW 1 year, deposit KRW 10 million, and monthly rent of KRW 1 million (hereinafter “instant contract”). On the same day, the Plaintiff was paid KRW 10 million as security deposit.

C. On November 3, 2015, the Plaintiff notified the Defendant of the termination of the instant contract, and delivered the instant office to the Defendant around January 2016, but the Defendant did not return the said deposit, and E, the representative director of the Plaintiff, filed a complaint against the Defendant for fraud.

Since then, even if there was no security deposit at the time of leasing the above office from the Fladg Development, the Defendant was indicted for committing a crime that, as if there was a security deposit, deceiving E, the representative director of the Plaintiff, entered into the instant contract with the Plaintiff and received KRW 10 million from the Plaintiff, and was sentenced to a fine of KRW 5 million from the Sungnam Branch of Suwon District Court on August 9, 2017, and the above judgment (the above court 2016 High Court 1020) became final and conclusive on the 17th of the same month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 7 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff 1 of the parties' assertion concluded the contract in this case due to the defendant's deception, and paid the above deposit to the defendant, so the defendant is liable to compensate for damages arising from the tort.