A. On November 26, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit of 32,00,000 won, monthly rent of 30,000 won, and the period of November 25, 2018 (hereinafter “instant lease agreement”).

The instant lease agreement was actually concluded as E’s brokerage assistant in the D Licensed Real Estate Agent’s Office, and E entered the name of F, the representative of the D Licensed Real Estate Agent’s Office, in the column of the broker of the instant lease agreement.

B. On November 10, 2016, prior to the conclusion of the contract, the Plaintiff paid KRW 300,000 to the Defendant as the down payment of the instant lease agreement, and paid KRW 31,730,000, including the monthly rent on November 26, 2016.

C. On December 21, 2016, the Plaintiff requested E to notify the termination of the instant lease agreement, and E, around December 22, 2016, the Defendant stated to the Defendant that “The Plaintiff would return the lease deposit to the Plaintiff due to his/her personal circumstances.” The Defendant stated to E, “If a new lessee is terminated, he/she would return the lease deposit to the Plaintiff with the lease deposit,” and “E transferred the Plaintiff’s horse.”

The special terms and conditions of the instant lease agreement stipulate, “The lessee shall bear monthly taxes and real estate brokerage fees up to the time of moving-in by the following tenant at the time of the expiration of the contract,” and the phrase, “Won 50,000 won (Won 50,00) of the cleaning expenses for leaving-out

E. On December 21, 2016, the Plaintiff retired from the instant real estate, and the Defendant concluded a lease agreement with another person regarding the instant real estate around January 3, 2016.

F. On January 4, 2017, the Defendant remitted KRW 30,000,00 to E as the return of the Plaintiff’s deposit for lease.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings.