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. Basic facts

A. On December 1, 2014, the Defendant entered into a lease agreement with a police officer C and the Defendant on a car page among underground shopping mallss located under the Defendant’s ownership for two years from January 1, 2015, with a lease deposit of KRW 10,000,000, a monthly rent of KRW 600,000 (hereinafter “instant lease agreement”).

B. The Plaintiff paid the lease deposit (hereinafter “the lease deposit in this case”) to the Defendant according to the instant lease agreement on behalf of the Plaintiff, and stated that the special terms and conditions of the instant lease agreement shall deposit the lease deposit to the Plaintiff when the contract expires.

C. On October 2016, C paid only KRW 2,400,000, out of the monthly rent under the instant lease agreement, to the Defendant on April 2016. Accordingly, on October 2016, C and C drafted a “agreement on termination of a contract and a written waiver of the deposit,” stating that C would waive the right to refund the deposit, since the overdue rent (=600,000 x 17 months x 10,200,000) exceeds KRW 10,000,000.

【Facts without dispute over the grounds for recognition, Gap evidence 1, 2, and 3, and Eul evidence 1, the purport of the whole pleadings

2. The plaintiff asserts that since the plaintiff paid the lease deposit of this case directly to the defendant and the defendant agreed to return it to the plaintiff at the time of termination of the lease contract, the lease deposit of this case differs in nature from the ordinary lease deposit, and the defendant should not be deducted from the lease deposit of this case as the lessee's default, and shall return the full amount of the lease deposit of this case to the plaintiff.

The lease deposit received from the house for death and the lease deposit for the lease of real estate shall be destroyed or damaged by the lease obligation arising from the lease relationship until the lease relationship is terminated and the object is returned.