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. Determination

A. According to the overall purport of evidence Nos. 1, 1, and 2 of evidence Nos. 1 and 2, the Plaintiff concluded a lease contract with the Defendant and Seo-gu Incheon, setting the lease term of No. 203 from October 28, 2014 to October 28, 2016, setting the lease deposit amount of No. 30,000 to October 28, 2016, and paying the lease deposit to the Defendant, and the lease amount of No. 2,00,000 to June 2, 2016, the lease was terminated on June 2016, and at the time the Plaintiff’s arrears was 1,540,000.

According to the above facts, the Defendant is obligated to pay the Plaintiff the remainder of KRW 28,460,00 (=30,000,000-1,540,000) calculated by deducting the Plaintiff’s overdue rent of KRW 1,540,00 from the lease deposit of KRW 30,00,000.

B. As to the above, the defendant asserted that the plaintiff fully repaid the lease deposit to the plaintiff.

The fact that the Defendant paid the Plaintiff KRW 28,652,00,000, totaling KRW 3,000,000 on June 16, 2016, and KRW 25,652,00 on February 21, 2016, that the Defendant paid the Plaintiff KRW 28,652,00, as indicated in the evidence No. 2 and No. 3, or there is no dispute between the parties, the Defendant’s defense is reasonable.

C. Meanwhile, around June 2016, the Plaintiff paid KRW 5,00,000 to the Defendant on condition that the monthly rent was not increased for one year while maintaining a lease agreement with another, and the Defendant agreed to return the above KRW 5,00,000 to the Plaintiff when entering into a lease agreement with another person, but it is insufficient to accept the Plaintiff’s assertion solely based on the evidence No. 3.

2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.