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

1. Basic facts

A. On May 24, 2008, the Plaintiff agreed from the Defendant on May 24, 2008, 202 of the building located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant building”) for a deposit of KRW 7 million, monthly rent of KRW 250,000,000 from June 1, 2008 to May 31, 201 (hereinafter “first lease”); and on May 31, 201, the Plaintiff agreed to renew the lease agreement with the Defendant for a period of two years from May 31, 201.

(hereinafter referred to as "second lease"). (b)

On May 31, 2013, when the Plaintiff renewed a lease agreement with the Defendant, the Plaintiff prepared a lease agreement with the Defendant for KRW 280,000 for monthly rent and the lease period for two years from May 31, 2013.

(A) No. 1-3, hereinafter referred to as "third lease")

On March 31, 2014, the Plaintiff expressed to the Defendant that he would leave the instant building during the three-term lease period, and on May 19, 2014, delivered the instant building to the Defendant and received KRW 3 million, which is part of the deposit, from the Defendant.

On August 28, 2014, the Defendant concluded a lease agreement on the instant building with a new lessee and returned KRW 2,696,490 to the Plaintiff, who settled the money.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, each entry in Eul evidence 1 through 3 (including each number if there is a tentative number), the purport of whole pleadings]

2. The parties' assertion

A. Plaintiff’s assertion 1) Although the Plaintiff prepared the third lease contract, the term of lease was set up for two years from May 31, 2013, the Plaintiff actually agreed with Defendant on the term of lease from May 31, 2013 to one year from May 31, 2013, the third lease terminated on May 31, 2014. The Defendant paid to the Plaintiff the sum of KRW 1,992,566 [1,769,90 (4,69,287 - 230,897 - 2,696,490) as follows upon the termination of the third lease.]