1. Revocation of the first instance judgment.

2. The plaintiff's claim against the defendant B is dismissed.

3. Defendant C is the Plaintiff 50,000.

1. Basic facts

A. On February 21, 2017, Defendant C’s mother, on behalf of Defendant B and L, entered into a lease agreement on behalf of Defendant C with Defendant B and L, setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 500,000, and the lease term of KRW 2 years from February 21, 2017 (hereinafter “instant lease agreement”).

B. Meanwhile, through D, the land owner prior to the conclusion of the instant lease agreement, E requested the Plaintiff, the husband of D, to lend KRW 50,000,000 to the Plaintiff, who is the husband of the instant shop, by the expiration of the lease term.

C. Upon the above request, the Plaintiff paid a total of KRW 50,000,000 to Defendant B on February 21, 2017 and February 22, 2017, and Defendant B handed over the instant store to Defendant C around that time.

The terms and conditions of the instant lease agreement stipulate that “the deposit shall be returned in the presence of the Plaintiff upon the expiration of the contract.”

(hereinafter referred to as the “instant special agreement”). E

Around February 28, 2019, Defendant C, upon the expiration of the lease term of the instant lease, sent a written notice demanding Defendant B to return the lease deposit to the principal. On May 8, 2019, Defendant C, etc. filed a lawsuit seeking the return, etc. of the lease deposit with Sungwon District Court Sung-nam Branch 2019No210818.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including branch numbers, if any), the purport of the whole pleadings

2. Determination as to the claim against the defendant B (the claim against the main defendant)

A. The Plaintiff agreed between the Defendants and Defendant B to pay the lease deposit under the instant lease agreement and return the lease deposit to the Plaintiff upon the expiration of the lease term.