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. Determination as to the cause of claim

A. Basic facts 1) On February 22, 2012, the Plaintiff concluded a lease agreement between the Defendant and the Defendant to set and lease deposit money of KRW 3,000,000, monthly rent of KRW 350,000, and management fee of KRW 35,000 (the rent and management fee shall be paid in advance) (hereinafter “instant lease agreement”).

(2) The Plaintiff paid KRW 3,00,000 to the Defendant under the instant lease agreement, as deposit money, according to the lease agreement, from February 22, 2012 to February 21, 2013.

Since then, the Plaintiff paid monthly rent and management expenses for a four-month period until May 2012 to the Defendant, and delivered the above studio to the Defendant on June 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

B. The Plaintiff asserted that the Plaintiff entered into the instant lease agreement for the purpose of enabling the Plaintiff to reside in D, and at the time of the conclusion of the said lease agreement, the Plaintiff agreed to set the lease period between the Defendant and the Defendant for four to five months, when the Plaintiff moved in the military.

Accordingly, the Plaintiff delivered studio to the Defendant on June 2012, which is the object of the instant lease agreement. As such, the Defendant is obligated to refund the deposit amount of KRW 3 million and delay damages to the Plaintiff.

C. First of all, as to whether there is an agreement between the Plaintiff and the Defendant to determine the term of the instant lease as 4 months or 5 months, the evidence submitted by the Plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the overall purport of the arguments as seen earlier, the term of lease is only from February 22, 2012 to February 21, 2013, and it is stipulated in a special agreement.