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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The basic facts of the claim: (a) through the Defendant’s agent C on March 5, 2016, the Plaintiff agreed to lease KRW 201,000,000 monthly rent of KRW 30,000 from March 6, 2016 to March 6, 2017; and (b) paid KRW 30,000,000 as the lease deposit to the Defendant; and (c) around July 2016, the Plaintiff offered the said subparagraph 201 to E, a manager under subparagraph 201, who was located in the real estate brokerage office; (c) thereafter, the fact that the real estate brokerage office was leased to a third party through the real estate brokerage office on September 6, 2016; and (d) there was no dispute between the Plaintiff and the Defendant’s entire number 16,000,000 as the basis for delay; or (e) there was no evidence that the evidence was deducted between the Plaintiff and the Defendant’s entire number 16, 2016,016,205.
2. Judgment on the plaintiff's claim
A. The plaintiff's assertion by the plaintiff is the cause of the claim in this case. Since the above lease contract was terminated, the defendant is obligated to return the remaining lease deposit after deducting the overdue rent from the plaintiff to the plaintiff 28,261,520 won, and the defendant has already returned the above money to F who is the plaintiff's representative.
B. (1) According to the facts acknowledged above, the above lease contract was concluded on September 6, 2016, and the Defendant is obligated to refund the lease deposit after deducting the rent in arrears, etc. to the Plaintiff, barring any special circumstances.
(2) However, according to the overall purport of Gap evidence Nos. 5, Eul evidence Nos. 3, 4, 6, and 7, and testimony and pleading by the witness F of the first instance trial, the plaintiff living together with F. 201, and the plaintiff arranged living together with F. 201, and it is a D building which cannot be clearly promised to F. The plaintiff's living with F. 3, 4, 6, and 7.