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. The court's explanation on this part of the basic facts is the same as the “1. Basic Facts” part of the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant, the primary cause of the instant claim, is the actual lessee who entered into a lease agreement with the Korea Land and Housing Corporation by lending the name of D. The Plaintiff entered into the instant sub-lease agreement with the Defendant, the actual lessee of the instant apartment, and paid KRW 35,00,000 to the Defendant. Since the instant sub-lease agreement was terminated, the Defendant should return the said deposit to the Plaintiff. (2) At the time of the instant sub-lease agreement, the Defendant: (a) at the time of the instant sub-lease agreement, transferred the lease deposit claim against the Korea Land and Housing Corporation as a collateral; and (b) obtained a loan of KRW 12,00,000 from the said bank as a representative of D without notifying the Plaintiff of such fact.

Due to the above Defendant’s deception, the Plaintiff suffered 35,00,000 won of the sublease deposit for the instant apartment, and thus, the Defendant shall pay the Plaintiff KRW 35,00,000 for damages caused by the tort.

B. We examine the judgment as to the primary cause of claim 1, and examine the statements in Eul evidence Nos. 3, 4, and 7, together with the purport of the entire pleadings, the following circumstances, i.e., Eul written a letter of borrowing KRW 25,00,00 from the defendant in order to raise a deposit for the lease of the apartment of this case around July, 2010.