1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 11, 2016, the Plaintiff entered into a lease agreement with the Defendant for D-119 (hereinafter “instant store”) with respect to the lease deposit of KRW 50 million, monthly rent of KRW 2.3 million (in addition to value-added tax, KRW 19,000,000, monthly rent of KRW 2.3 million, and the term of lease from June 20, 2016 to June 19, 2018 (hereinafter “instant lease agreement”), and paid the said lease deposit to the Defendant.

B. After September 2016, the Plaintiff, the Defendant, and C agreed to change the name of the lessee from the Plaintiff to C under the instant lease agreement, and accordingly, the Defendant and C drafted a contract to change only the name of the lessee on September 24, 2016.

C. The Plaintiff closed his/her business on October 12, 2016, and the Defendant paid KRW 5 million to the Plaintiff on September 26, 2016, and C paid the same year as January 1, 2017.

2. 1. Throughout January, 200, 4 million won will be paid to the Plaintiff.

On the other hand, as C did not pay the rent to the Defendant, the Defendant terminated the lease contract against C, and filed a lawsuit seeking the delivery of the instant store under the Incheon District Court 2018Kadan220641 on April 18, 2018.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 5, 8, 9 (including additional numbers), Eul 1 evidence, significant facts, and purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserts that, around the other hand, the Defendant should pay KRW 41 million unpaid lease deposit to the Plaintiff on the premise that the instant lease contract was concluded between the Plaintiff and the Defendant, and asserts that, in addition, C, under the premise that C succeeded to the instant lease contract, C is entitled to the right to be compensated, C’s right to claim the settlement prohibition of the settlement prohibition of the amount of KRW 41 million against C as the right to claim the return of the said lease deposit against the Defendant.

(b) Judgment 1 primary.