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.

On April 20, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 100 million, monthly rent of KRW 3.5 million, and the term of lease from May 1, 2013 to April 30, 2015 (hereinafter “instant lease agreement”).

On June 27, 2013, the Plaintiff agreed with the Defendant to the effect that “The deposit of the instant lease agreement shall be reduced to KRW 10 million, and the monthly rent shall be increased to KRW 4.4 million, but the monthly rent shall be reduced to KRW 30 million after the additional payment by August 31, 2013.”

On August 30, 2013, the Plaintiff paid KRW 30 million to the Defendant.

On the other hand, as between the Defendant on August 30, 2013, E entered into a lease agreement with the term of leasing the instant building with a deposit of KRW 40 million, monthly rent of KRW 4.1 million, and the term from May 1, 2013 to April 20, 2015.

【In the absence of dispute, the Plaintiff asserts that the Plaintiff should return the lease deposit amount of KRW 40 million to the Plaintiff, since the Plaintiff terminated the instant lease agreement and ordered the instant building to the Defendant on August 30, 2013, as the Plaintiff concluded a new lease agreement with E on the grounds that there was no dispute.

As to this, the Defendant: (a) the instant building was leased by the Plaintiff and D, a partner, from the Defendant; (b) it concluded the instant lease agreement by changing the name of the lessee to the Plaintiff; and (c) subsequently, the Plaintiff and D requested to change the name of the lessee to E; and (d) concluded a lease agreement between E and E.

Therefore, the plaintiff paid the lease deposit as a partner of D or on behalf of D, and the plaintiff paid it.