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. Determination as to the cause of claim

A. On May 20, 2009, the Plaintiff and the Defendant entered into a Dong business agreement with the purport that “the Plaintiff establishes a restaurant under its own name on the Seo-gu Daejeon Special Metropolitan City first floor (hereinafter “the instant commercial building”) where the Plaintiff paid the lease deposit of KRW 120 million to the Plaintiff, and the Defendant is responsible for operating the said restaurant, and the profit (sale) shall be 5:5.” The Defendant operated the said restaurant in the instant commercial building from around that time. The Defendant opened the said restaurant in the name of the Plaintiff and started its operation on January 23, 2010. 2) On the same day, the Defendant acquired the Plaintiff’s status as the lessee of the instant commercial building in the name of D, the lessee, and entered into a lease agreement with the said lessor, and the Plaintiff returned the lease deposit of the said commercial building to the said lessor.

3) The Defendant, under the name of D on September 5, 2012, should have paid KRW 120 million to the Plaintiff at the time of acquiring the status of a tenant of the instant commercial building, but did not pay the amount of KRW 120,000,000,000,000 for the lease deposit immediately after the succession of the lease was made by the new lessee, and if the new lessee did not enter into a contract with the new lessee by December 5, 2012, all of the unpaid lease deposit will be paid regardless of the fact that the new lessee did not succeed to the lease.

“Written of Payment” (hereinafter referred to as “Written of Payment”)

(4) The Defendant, by October 18, 2013, operated convenience stores in the instant commercial building in the Plaintiff’s name.

5 The instant commercial building was acquired to a new lessee on April 2014, and the Defendant paid to the Plaintiff KRW 50 million on April 4, 2014 and KRW 52 million on February 11, 2015.