The part of the judgment of the court of first instance against the plaintiff equivalent to the amount ordered to pay shall be revoked.

The defendant.

1. Basic facts

A. On November 11, 2016, the Plaintiff entered into a lease agreement with the Defendant and Jeju City (hereinafter “instant housing”) stipulating that the lease deposit is KRW 2 million, annual rent of KRW 6.8 million, and period of lease as of November 30, 2018.

(hereinafter “instant lease agreement”). B.

On December 12, 2016, the Plaintiff entered into a sublease contract with the Defendant to sublease the instant house (hereinafter “instant sublease contract”) with the term until December 16, 2017, setting the lease deposit of KRW 1 million, monthly rent of KRW 720,00,000, and the term of lease of the instant house (hereinafter “the instant sublease contract”). From around that time, D resided in the instant house.

C. On November 17, 2017, the Plaintiff and D agreed to conclude the instant sub-lease agreement at the Defendant’s request, and D set aside the instant housing around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 9, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The plaintiff's gist of the plaintiff's claim requested the defendant to cancel the lease contract of this case at the time when D leaves the house of this case, and the defendant demanded the return of the lease deposit to the other tenant, and the defendant would return the lease deposit to the other tenant. The lease contract of this case was agreed around that time.

Therefore, the defendant is liable to pay the lease deposit and damages for delay to the plaintiff.

B. Determination 1) In light of the following circumstances, it is reasonable to view that the instant lease agreement was implicitly agreed on December 1, 2017, in light of the following circumstances, which are acknowledged as comprehensively taking account of the overall purport of the pleadings, as seen earlier based on the facts as seen earlier.

(1) On November 22, 2017, the Plaintiff filed a claim to the Defendant for the cancellation of the instant lease agreement, to the effect that the deposit will be returned.