Of the instant lawsuit, the part demanding the return of the lease deposit against the Defendant on behalf of C.

Basic Facts

On November 1, 2003, the respective lease agreements between the Defendant, D, E, and C entered into a lease agreement with the Defendant on the lease deposit for two years from November 1, 2003 to October 31, 2005, each of the lease agreements between the Defendant and D, E, and C, with the first floor funeral hall (hereinafter “instant funeral hall”) located in the Seoul Special Metropolitan City Nowon-gu, Nowon-gu, Seoul Special Metropolitan City.

(2) On November 1, 2005, the Plaintiff and the Defendant agreed to establish E Co., Ltd. (hereinafter “E”) on June 28, 2006 and to change the lessee from D to E.

On August 1, 2006, E entered into a lease agreement with the Defendant under which the instant funeral hall was leased in KRW 2 billion from August 1, 2006 to October 31, 2007 (hereinafter “instant lease agreement”).

Since then, D again agreed to establish C(hereinafter referred to as "C") and to change the lessee from E to C.

According to the above agreement on November 1, 2007, C entered into a lease agreement between the Defendant and the Defendant on November 1, 2007, under which C leased the instant funeral hall from November 1, 2007 to October 31, 2009 with the lease deposit amount of KRW 2 billion.

(hereinafter referred to as “the third lease contract of this case”, which was renewed on April 14, 2010. In the process of concluding the second and third lease contract of this case, the Defendant substituted the deposit already received under the first lease contract of this case as the deposit for the second, third lease contract of this case, and did not return the deposit for the first lease of this case to D, or did not receive the deposit for the second and third lease of this case from E or C.

On the other hand, on November 7, 2003, the Plaintiff loaned KRW 500 million to H with interest rate of KRW 2.5% per month. D is the status of H’s Plaintiff.