1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. Basic facts

A. On June 10, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Defendant on the terms of KRW 1.3 million, monthly rent of KRW 6 million, and the term from July 1, 2014 to June 30, 2019, and paid KRW 1.3 million to the Defendant the instant lease deposit amount.

B. The Plaintiff, while operating the instant shopping mall in the trade name “D” store, requested the Defendant to reduce the rent of the instant lease agreement on April 2015. The Plaintiff and the Defendant changed the monthly rent from July 2015 to KRW 5 million.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 and 3 (including additional number)

2. The parties' assertion

A. On May 31, 2016, the Plaintiff’s spouse, E, the Plaintiff’s agent, and F, the Defendant’s mother and agent, agreed on the instant lease agreement.

Therefore, the Defendant is obligated to refund the lease deposit of this case to the Plaintiff KRW 130 million.

B. The Defendant did not have agreed upon the instant lease agreement with the Plaintiff, but only the fact that, if the Plaintiff arranged for a new lessee to enter into a lease agreement, the Defendant merely stated that the Plaintiff would return the remainder of the deposit after deducting the rent until that time.

Therefore, as long as the Defendant did not enter into a new lease agreement on the instant commercial building, the instant lease agreement was not terminated, and thus, the Defendant did not have the obligation to refund the deposit money to the Plaintiff.

3. Determination

A. In full view of the following circumstances as to whether the obligation to return the lease deposit of this case occurred, and comprehensively taking account of Gap’s statement Nos. 2, 4 through 8, 10 through 24, and the purport of the testimony and the entire argument of the witness G of the first instance trial, the plaintiff and the defendant shall each act on May 31, 2016 through E and F.