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. Facts of recognition;

A. From November 19, 201, the Plaintiff operated a sports center (hereinafter “instant sports center”) with the trade name of “D,” among the buildings located in Bupyeong-gu Incheon Metropolitan City, by leasing three floors from around November 19, 201.

On April 8, 2014, the Plaintiff entered into a lease agreement between E and E, a new owner of the foregoing building, with the lease deposit of KRW 10 million for the instant sports hall, KRW 1 million for monthly rent, and the lease term from April 8, 2014 to April 7, 2015.

B. Around June 2014, the Plaintiff and F entered into an agreement with F to take over the instant sports center, and on July 8, 2014, the Plaintiff and F drafted a contract with F to take over the instant sports center’s transfer proceeds at KRW 40 million and down payment at KRW 10 million.

However, F introduced the Defendant to the Plaintiff on the ground that it is difficult for the Plaintiff to take over the instant gymnasium, and F paid KRW 10 million to the Plaintiff on behalf of the Defendant, a sum of KRW 5 million on July 24, 2014, and KRW 5 million on August 11, 2014.

C. The Defendant, without changing the name of the instant sports center, operated the instant sports center from August 2014, operated the instant sports center with the cash card in the deposit account related to the operation of the instant sports center from the Plaintiff, and paid KRW 1 million a monthly rent to the lessor of the instant sports center from September 2014.

From August 2014, the Defendant owed interest on the Plaintiff’s loan obligation of KRW 30 million to the Korea Credit Guarantee Fund each month, and paid KRW 3 million to the Plaintiff around September 2015, and KRW 2 million around September 2016 to the Korea Credit Guarantee Fund in part.

E. On April 13, 2017, E, etc., a lessor of the instant sports center building filed a lawsuit against the Plaintiff and the Defendant seeking an evacuation of a sports center building on the grounds of the expiration of the lease agreement term.

On November 15, 2017, the said lawsuit was filed by the Plaintiff and the Defendant restore the instant sports center building to its original state, and is handed over to the lessor until November 30, 2017, and the lessor is the Plaintiff.