1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The defendant of the purport of the claim shall be 12.2 billion won against the plaintiff.

1. Basic facts

A. On March 26, 2007, the Plaintiff entered into a lease agreement between the Plaintiff and C with C on a deposit basis and paid the lease deposit amount of KRW 120 million with respect to the carpers among Asan-si 7-9 soup and soup (hereinafter “the instant soup”). On April 30, 2007, the Plaintiff paid KRW 120 million with the lease deposit amount of KRW 1220 million to C. The lease agreement was concluded with C.

B. (1) At the time of the Plaintiff’s conclusion of the instant lease agreement between C and E, C sold the portion of the building in which the instant friendship was located in the aggregate of KRW 1,761,065,000 from E (hereinafter “E”) to operate the instant friendship (i.e., KRW 596,195,000, KRW 596,195,000, KRW 896,195,000, KRW 968,675,000, KRW 568,675,000) but only paid the down payment of KRW 176,000 out of the said price to E.

(2) On the other hand, as E was unable to complete the internal facility construction due to a shortage of construction costs, C and E did not undergo the completion inspection of the building in which the instant rained building was located, on February 19, 2007, agreed upon (Evidence A No. 4) as follows.

E and C agree on the instant private letter or facility construction as follows:

1. E is the owner of A.I.D. D, and C confirms that it was a person who purchased the instant private letter from E and intended to engage in bath business.

2. E shall complete fire-fighting system installation works, etc. for the completion inspection of the above shopping mall, and C shall undertake the construction of various facilities necessary for the completion of the instant rain or bath business and the construction of facilities necessary for the bathing business.

To this end, E will cooperate with C in order to perform the above facility construction before completion.

3. E recognizes that the construction cost of facilities as referred to in paragraph (2) is the construction cost to be borne by E which is the owner, and the parcelling-out contract is cancelled or other.