1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. In the first instance court, the Plaintiff filed a claim for the return of the lease deposit against the Defendant and the co-defendant C in the first instance court. The court of first instance accepted only the claim for the return of the lease deposit against the Defendant among the Plaintiff’s claims, and dismissed all of the remaining claims against the Defendant and the co-defendant C in the first instance court.

Therefore, since only the defendant appealed against this, the actual subject of the judgment of this court is limited to the part against the defendant among the plaintiff's claim for refund of deposit for lease against the defendant.

2. Basic facts

A. (1) On August 5, 2010, the Plaintiff entered into the instant lease agreement with the Defendant, as well as the restaurant building on the D’s ground (hereinafter “instant building”).

(B) KRW 150,000,000,000 for the lease deposit, the lease period from August 15, 2010 to August 15, 2014; and KRW 6,50,000 per month for the rent (value-added tax, and KRW 8,00,00 per month after two years from the date of conclusion of the contract).

(C) The term “instant lease agreement” is defined as the 15th day of each month as the date of the rent payment (hereinafter “instant lease”).

(2) On the same day, the Plaintiff entered into a contract with the co-defendant C (hereinafter “C”) of the first instance court, the Defendant, who was operating a restaurant in the name of “H” in the instant building, to acquire all of the equipment and facilities of the instant building at KRW 60 million (hereinafter “instant acquisition contract”).

3) On August 9, 2010, the Plaintiff paid the Defendant a deposit of KRW 150 million to the Defendant, and operated a cafeteria with the trade name “E” in the instant building upon delivery from the Defendant. (b) On October 19, 2012, upon the application of the UN ESP special purpose company, the mortgagee, the mortgagee of the instant building, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, and the right to collateral security, the right to collateral