1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The court's explanation on this part of the basic facts is the same as the entry of "1. Facts recognized" among the reasons for the judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the cause of the claim

A. The plaintiff's assertion that the defendant received KRW 29.5 million directly from C, the transferor of the claim, as the deposit for lease, as the agent of D's agent, but there is no power of representation. Thus, the defendant is obligated to refund 29.5 million won and damages for delay to the plaintiff, the transferee of the claim, according to the responsibility of unjust enrichment or the unauthorized representative.

B. The Defendant prepared a receipt (Evidence No. 4) stating that the deposit was paid in full by C in the capacity of D’s agent, and that C and the Plaintiff lost on the grounds that there is no evidence to prove the Defendant’s right of representation in the civil lawsuit seeking the return of the deposit for lease against D. According to the evidence No. 4, the Defendant appears in the appellate court of the above civil lawsuit (Seoul District Court 2012Na2429) as a witness and asked questions whether the Defendant received the remainder of KRW 26.5 million. However, the Defendant issued a cashier’s check on the balance of the deposit for lease deposit KRW 26.5 million paid by F, and the Plaintiff stated that “The Defendant was convicted of having received KRW 20,000,000 from the Plaintiff on March 19, 2008, KRW 300,000,000 and KRW 26.5,000,0000,000,000,000).”

However, on the other hand, H is in the name of four corporations such as D.