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.

1. The parties' assertion

A. The Plaintiff asserted that: (a) around April 30, 2012, the Plaintiff entered into a lease agreement with the Defendant on the Btel 405 (hereinafter “instant building”); (b) from April 29, 2012 to May 25, 2013, the lease deposit amount of KRW 3 million; (c) monthly rent of KRW 3 million; and (d) monthly management fee of KRW 20,000 (hereinafter “instant lease agreement”); and (c) took possession of the said building upon delivery to the Defendant on the same day; (d) the Defendant and the new lessee agreed to lease the instant building; and (e) the Defendant would return the deposit money to the Plaintiff when the new lessee was paid from the new lessee; and (e) if the Defendant fails to receive the deposit from the new lessee, the agreement was concluded to pay the deposit to the Plaintiff at the expiration of the lease term of the Plaintiff (hereinafter “instant lease”).

However, on August 30, 2012, the Defendant, following the Plaintiff’s withdrawal, concluded a lease agreement with C on the instant building, and thus, the instant lease agreement was terminated, and the Plaintiff did not return the deposit money to the Plaintiff even after the lease term expires on May 25, 2013. Thus, the Plaintiff demanded the Defendant to return the deposit money.

B. The Defendant asserted that the Plaintiff was unaware of the fact that the Plaintiff had withdrawn prior to the expiration of the term of lease, and that there was no conclusion of the instant agreement between the Plaintiff and C or a new lease agreement with C.

In addition, the Plaintiff paid 300,000 won to the Defendant on May 29, 2012, and thereafter, did not pay 3.6 million won for the rent of 12 months until May 25, 2013, which is the expiration date of the lease term, and 2.60,000 won for management expenses for 13 months. The above overdue rent and management expenses, which are 3.86 million won for the lease deposit, are deducted from 3.6 million won for the lease deposit, there is no deposit to the Plaintiff.

2. Determination: