1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence 1, 2, Eul evidence 1, and Eul evidence 3-1 to 3, unless there is a dispute between the parties or in full view of the purport of the whole pleadings:

On January 10, 201, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 1,600,000, and the lease term from January 17, 201 to January 17, 2013 (hereinafter “instant lease agreement”).

B. On February 2012, the Plaintiff agreed to the instant lease agreement with the Defendant.

C. On February 16, 2012, the Defendant leased the instant store to D, who is the Plaintiff’s land owner, with the lease deposit of KRW 50,000,000, monthly rent of KRW 1,600,000, and the lease period of KRW 1,60,000 from February 16, 2012 to February 16, 2014.

On the other hand, the Plaintiff received KRW 10,000,000 from D on February 14, 2012, and KRW 110,00,000 in total, including KRW 13,00,000 on February 17, 2012, and KRW 10,000 on September 26, 2012.

2. Judgment on the plaintiff's claim

A. The plaintiff asserts that the plaintiff is liable to pay to the plaintiff 20,000,000 won (=50,000,000 won - 30,000,000 won) out of KRW 110,00,000 paid to the plaintiff by the new lessee of the store of this case, and since the remainder of KRW 80,00,000 is the name for the store of this case, the defendant is liable to pay to the plaintiff the remainder of the lease deposit of this case (=50,00,000 won - 30,000,000) and damages for delay.

As to this, the Defendant determined that D’s premium for the instant store is KRW 60,000,000 between the Plaintiff and the Plaintiff, and acquired the instant store from the Plaintiff, and paid KRW 110,000,000 in total, including KRW 50,000,000 and premium for the instant lease contract, on behalf of the Defendant, the Defendant paid KRW 60,00,000 on behalf of the Plaintiff.