1. Revocation of the first instance judgment and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 2005, the Plaintiff and D entered into a contract for the entrusted operation of a volatile club and a lease agreement with the Defendant on the first floor of 658.12 square meters of underground among the buildings located in Seocho-gu Seoul Metropolitan Government (hereinafter “instant building”) from July 19, 2005 to July 18, 2010, and operated a volatile club in the instant building.

B. On July 23, 2010, the Defendant filed a lawsuit against the Plaintiff and D seeking a return of unjust enrichment equivalent to the specification and rent of the instant building (Seoul Central District Court 2010Gahap76677, hereinafter “prior lawsuit”) and was sentenced to partial winning judgment on May 19, 201.

The above decision determined that “the Plaintiff still is in the lessee’s position, inasmuch as there is no evidence to prove that there was the Defendant’s consent on the transfer of the lessee’s status as the lessee with respect to the assertion that the Plaintiff is not the lessee while withdrawing from the partnership business.”

The Plaintiff and D appealed (Seoul High Court 201Na48720, Seoul High Court 201Na48720), but on December 15, 201, the dismissal of the appeal was sentenced on February 9, 2012, and the judgment of the first instance court on March 1, 2012 (hereinafter “the final judgment of this case”) became final and conclusive as it is.

C. After withdrawing from the partnership with D on May 7, 2008, the Plaintiff entered into a lease agreement with the Defendant on June 27, 201, immediately after the first instance judgment of the preceding lawsuit was rendered, with respect to the instant building, with the term of the contract from August 1, 201 to July 31, 2016, with respect to the term of the instant building, the term of the contract was entered into between the Defendant and the service provider, and thereafter operates the volatile club from June 27, 201 to June 26, 2016.

On February 7, 2014, according to the final judgment of this case, the Defendant received a seizure and collection order (the claim amounting to 102,411,750 won) as to the Plaintiff’s credit card companies’ credit card sales claims.

The defendant on March 4, 2014 as operating expenses to the plaintiff.