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.

On June 2004, the Plaintiff leased the lease deposit amount of KRW 5 million to the Defendant, KRW 300,000,000,000 for the lease deposit, KRW 300,000 for monthly rent, and the Defendant resided in the above real estate for the period from June 7, 2004 to 24 months, but the Defendant was in arrears without paying the deposit under the lease contract, but the Plaintiff did not pay the gas cost, management fee, electricity tax, etc., and the Defendant paid the Plaintiff on behalf of the Plaintiff without paying the deposit. Since the Plaintiff repaird the Plaintiff due to large visit to the above real estate and damage to be Vietnamed glass, the Defendant was liable to pay the Plaintiff damages for delay the above contract deposit amount of KRW 4 million and KRW 2.35,00,00,00,000 for the total amount of the lease deposit, management fee, electricity, gas cost, and the above repair damages for delay.

The Plaintiff and the Defendant entered into a lease agreement as alleged by the Plaintiff on the sole basis of the descriptions of Gap evidence Nos. 1 through 3 (including each number) submitted by the Plaintiff.

In light of the above, it is insufficient to recognize that the Defendant used the above real estate during that period and caused rent, gas, electricity, and repair costs as alleged, and there is no other evidence to acknowledge this otherwise. Thus, the Plaintiff’s claim based on the premise that the lease contract was concluded between the Plaintiff and the Defendant and that the expenses or damages were incurred as alleged during that lease period is groundless

Therefore, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.