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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. On June 30, 2010, the Plaintiff entered into a real estate lease agreement with the Defendant for the lease deposit of KRW 30 million and the period from June 30, 2010 with respect to the lease deposit of KRW 18,00,000,000 owned by the Defendant.
The Plaintiff agreed to terminate the above lease agreement with the Defendant around December 2013, and delivered the above real estate to the Defendant, but the Defendant did not return the above lease deposit amounting to KRW 30 million.
On the other hand, the defendant is obligated to pay 35 million won in total and damages for delay, since the plaintiff did not return the above real estate to D and received 5 million won in premium amount from D. Thus, the defendant is obligated to pay 35 million won in total and damages for delay.
B. First, the Plaintiff paid KRW 20 million to the Defendant on or around April 30, 2010. However, as to whether the Plaintiff paid KRW 40 million to the Defendant on or around April 30, 2010, the fact that the Plaintiff paid KRW 20 million to the Defendant is the Defendant. However, as to whether the Plaintiff paid KRW 20 million or more, according to the Plaintiff’s evidence No. 1, it is acknowledged that the Plaintiff and the Defendant prepared a lease agreement on the three million deposit with the Defendant around June 30, 2010. However, it is insufficient to prove that the Plaintiff paid KRW 30 million to the Defendant on or around June 30, 2010, and there is no other evidence to find otherwise. The Plaintiff paid KRW 10 million to the Defendant on or around March 19, 2010 as a security deposit, or that the Plaintiff’s husband paid KRW 50 million to the Plaintiff’s husband of the instant real estate with KRW 10 million as a security deposit under the lease agreement.