1. The part against Defendant B among the judgment of the first instance is revoked, and the plaintiff falling under the revoked part is against Defendant B.

1. Basic facts

A. On January 9, 2016, the Plaintiff entered into a contract with the Defendants to lease the old-si D Building E (hereinafter referred to as “instant loan”) of which the Defendants shared 1/2 shares, with the lease deposit amount of KRW 90 million from January 30, 2016 to January 29, 2018, by setting the lease deposit period of KRW 90 million from January 30, 2016 to January 29, 2018.

Since then, the Plaintiff paid KRW 90 million to the Defendants, and received the instant loan from the Defendants.

B. On January 15, 2018, the Defendants agreed to extend the term of the Plaintiff and the said term of the lease until February 24, 2018. On February 21, 2018, the Defendants returned KRW 50 million on February 23, 2018, and KRW 26 million on February 26, 2018, and the remainder KRW 20 million to the Plaintiff when the new lessee moves into the loan of this case, but returned by April 30, 2018, even if the new lessee does not move into the loan of this case.

Accordingly, around February 24, 2018, the Plaintiff (hereinafter “the Plaintiff”) returned KRW 70 million to the Defendants by February 26, 2018.

C. Around March 31, 2018, a new lessee occupied the instant loan. D.

On June 5, 2018, Defendant B deposited KRW 20 million as the principal deposit on the ground that the Plaintiff refused to receive the payment (Seoul District Court Decision 200 million won as the principal deposit (Seoul District Court Decision 496, 2018, Kim Jong-cheon Branch), and Defendant C deposited KRW 189,812 as the principal deposit on January 22, 2019 with the Plaintiff as the principal deposit (Seoul District Court Decision 2019, Kimcheon-si, Seoul District Court 2019).

On January 7, 2019, Defendant C deposited a repayment deposit with the condition that “the Plaintiff will win the lawsuit in this lawsuit,” but on January 22, 2019, the deposit was corrected with the content of deletion of the said condition.

E. On the other hand, on March 12, 2019, the Plaintiff reserved and received an objection to KRW 20 million deposited by Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 9, 11 (including branch numbers in the case of provisional number; hereinafter the same shall apply), Eul evidence Nos. 2, 3 and 10, and the purport of the whole pleadings

2. The assertion and judgment

(a)the Parties;