1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On March 10, 2017, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 3,000,000, monthly rent of KRW 320,000, with the term of lease from March 13, 2017 to March 12, 2019, with the term of lease of the building D (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). The Plaintiff, a lessee, determined to deposit KRW 25,000 per month management fees (including water supply fees) to the Defendant account, the lessor, as a special agreement at the time of entering into the instant lease agreement.

The Plaintiff paid KRW 3,00,000 to the Defendant around that time.

B. The Plaintiff was detained on April 18, 2017 and was admitted to a medical prison.

C. On April 27, 2017, the Defendant paid 2,345,000 won to E, deducting the unpaid rent, etc. at the request of the Plaintiff E, who is the Plaintiff’s punishment.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. 1) The Defendant is obligated to refund the lease deposit amount of KRW 3,00,000 to the Plaintiff on account of the termination of the Plaintiff’s instant lease agreement. The Defendant asserted that he refunded the lease deposit to E, who is the Plaintiff’s agent, but the Defendant does not have the right to receive the lease deposit on behalf of the Plaintiff. 2) The Defendant returned the lease deposit to E, who is the Plaintiff’s agent.

Even if E is not the Plaintiff’s agent, the Defendant believed E as the Plaintiff’s agent and there was a justifiable reason to believe it, and thus, he cannot respond to the Plaintiff’s request.

B. The following circumstances, which can be seen by the aforementioned determination, the entry of Eul evidence No. 5 and the purport of the entire pleadings, are as follows: ① is the Plaintiff’s punishment; ② the Plaintiff was subject to a detention investigation on April 2017, and became unable to reside in the instant real estate, and ② the Plaintiff was able to arrange “B” to E.