The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following portions to be determined by the appellate court, and thus, it is acceptable in accordance with the main sentence of Article 420

2. On the 4th page of the judgment of the court of first instance, the height between 10 and 15 are as follows.

“3) Determination A) The following circumstances can be acknowledged by comprehensively taking account of the facts of prior approval and the evidence and the purport of the entire pleadings, i.e., the Plaintiff entered the sub-lease contract with the former lessee on August 1, 2018, into a new sub-lease contract with the former lessee, which appears to mean confirming that the new lessee entered into a sub-lease contract with the same content as that of the new lessee. ② The Defendant continuously requested the Plaintiff to pay the deposit amount of KRW 27 million due to the Plaintiff’s continuous demand against the said lessee, and also mentioned that the said sub-lease contract was recognized with the former lessee.

However, as seen earlier, the Plaintiff failed to pay 27 million won to the Defendant the unpaid deposit related to the instant sublease contract, and the Plaintiff and the Defendant agreed with the Plaintiff’s director on October 16, 2019, and it is reasonable to deem that the instant sublease contract was terminated at least around October 16, 2019.

Therefore, barring special circumstances, the Defendant is obligated to pay the deposit amount of three million won to the Plaintiff.

B) The Defendant asserts that there is no deposit remaining after deducting the overdue rent from the above deposit of 3 million won. According to the above facts, the rent from August 1, 2018 to October 16, 2018 under the instant sub-lease contract is a total of 5030,000 won [=2 million won x (216/31), (216/31), and (30,000 won). The Plaintiff is the Defendant.