1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On August 1, 2016, the Plaintiff: (a) entered into a lease agreement with Defendant B; (b) the Seo-gu Seoul Special Metropolitan City, Seo-gu, Seowon-gu, Seoul Special Metropolitan City, with the lease deposit of KRW 40,000,000; (c) monthly rent of KRW 2,300,000; and (d) from September 1, 2016 to August 31, 2018; and (c) paid KRW 40,000,000 to Defendant B around that time.

(B) The lease agreement between the Plaintiff and the Defendant on the instant building between the Plaintiff and the Defendant (hereinafter “instant lease agreement”).

The Plaintiff, while operating a restaurant in the instant building, agreed to terminate the business due to the business depression, and agreed to the instant lease contract with Defendant B.

On January 5, 2018, the Plaintiff concluded a contract for acquisition or transfer of rights (facilities) with respect to the instant building as KRW 30,000,000 with respect to the premium, and E concluded a lease contract on the instant building with Defendant B on the same day, and Defendant C entered into such lease contract as a licensed real estate agent.

On January 15, 2018, the Plaintiff paid KRW 1,200,000 to Defendant C as a brokerage commission.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 6 and Eul evidence 7 (including branch numbers), the purport of the whole pleadings

2. Determination as to the claim for refund of lease deposit against Defendant B

A. The Plaintiff’s assertion 1) Of KRW 40,00,000 under the instant lease agreement, the Plaintiff’s assertion that KRW 22,750,000 was actually returned by the Plaintiff (i.e., KRW 12,750,000 that was actually returned by the Plaintiff on February 3, 2018)

4. Except for KRW 10,00,00 which was returned on 18.18. (2) The same year as KRW 10,329,417 (unpaid by January 2, 2018) in total of the rent and management expenses paid by the Plaintiff by February 6, 2018.

2.1.1. to 2.1.

2. The remaining lease deposit amount is KRW 6,920,583, which occurred up to June 2, 200, and Defendant B is the Plaintiff’s above KRW 6,920,583.