1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 2, 3, 5, 9, and Eul evidence No. 3:

On May 5, 2016, the Plaintiff, who was represented by the Plaintiff, entered into a lease agreement with the Defendant on the lease deposit amount of KRW 5 million, monthly rent of KRW 350,000,000, and KRW 24 months from May 11, 2016 (hereinafter “instant lease agreement”).

B. Article 7 of the instant lease contract provides that “When a lessee has entered into this contract, two times the amount received as the down payment shall be given to the lessee, and when the lessee has entered into this contract, the down payment shall be null and void and the claim for return shall not be filed.”

C. The name of lessee under the instant lease agreement was C, but the Plaintiff paid KRW 5 million to the Defendant.

On May 11, 2016, the Plaintiff occupied and used the leased object of this case by the Defendant, and C did not reside in the leased object of this case.

E. On April 21, 2017, the Plaintiff settled the monthly rent, etc. under the instant lease agreement with the Defendant, and received the refund of the instant lease deposit from the Defendant.

F. On April 21, 2017, the Plaintiff delivered the instant leased object to the Defendant.

G. On the premise that C has a claim for penalty of KRW 5 million under the instant lease agreement, around May 8, 2017, transferred the claim for penalty to the Plaintiff, and around that time, notified the Defendant.

2. Determination as to the defendant's defense prior to the merits

A. The Plaintiff is filing the instant lawsuit on the premise that he/she received the claim for penalty from C, as alleged below, and this is a voluntary lawsuit trust. Thus, the instant lawsuit is unlawful.