1.The judgment of the first instance, including the modification of claims in this Court, shall be modified as follows:

The instant lawsuit is filed.

1. For the following reasons, the Plaintiff sought payment of the same amount as the claim stated in the instant lawsuit to the Defendant.

On December 28, 2015, the Plaintiff and the Defendant commenced a joint investment with respect to the land located in Seogu-gu L and the 4th floor buildings (M) above the ground around A, 2010. On December 28, 2015, upon entering into an agreement on the same business relationship, the Plaintiff and the Defendant stated that “When sending a lessee’s certificate of termination of the lease agreement, the Defendant shall be liable to return the deposit for the lease of five households (102, 203, 303, 403, and 201) transferred to the above address during the year 2015, the Plaintiff shall pay the principal of the loan (return deposit) of the Defendant to the Plaintiff by the designated date, and the Defendant shall transfer the money to the Plaintiff at the Plaintiff’s request, and the Plaintiff shall provide the Plaintiff with the certificate of loan.”

B. Paragraph (4) of the above agreement is an agreement that the defendant agreed to lend the amount equivalent to the deposit money for the lease to the plaintiff as interest per month upon meeting the pertinent requirements. Since each lessee of 203, 303, and 403 delivered a certificate of termination of the lease contract to the plaintiff and the above agreement satisfies the requirements under Paragraph (4) of the above agreement, the defendant is obligated to lend to the plaintiff the amount equivalent to the deposit for each lease by each day specified in the purport of the claim as the expiration date of each lease contract.

2. Determination as to the legitimacy of the instant lawsuit

A. The Defendant’s claim in this case is a lawsuit for future performance, and where the fulfillment of contractual and legal requirements is confirmed, it is possible for the Defendant to voluntarily perform at the time of performance, and thus, the Plaintiff’s claim cannot be deemed as a case requiring prior claim.

B. If a lawsuit seeking future performance regarding a claim or conditional claim that may arise in the future is lawful, the legal and de facto relationship, which serves as the basis for the occurrence of the claim, should exist at the time of the closing of argument, and such status should be anticipated to continue, and there should be “the need for the claim for