1. The defendant shall pay the plaintiff KRW 40,000,000.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

1. On June 24, 2016, the Plaintiff: (a) leased the building Daejeon Dong-gu C and 401 from the Defendant for the lease deposit of KRW 40,00,000; and (b) from June 24, 2016 to April 23, 2018; and (c) filed a claim for return of the lease deposit for the lease deposit on the ground that the lease contract was terminated due to the expiration of the lease term.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. In the case of an dismissed part bilateral contract where both parties’ obligations are jointly performed, the parties are not liable for delay of performance even if one party’s obligations are not performed until the other party’s obligations are performed (see Supreme Court Decision 2002Da43370, Oct. 25, 2002). In the case of this case, the Plaintiff transferred the building to the Defendant.

There is no assertion to deem that there was a performance provision for the delivery of the building or for the delivery, and therefore, it cannot be deemed that the defendant is liable for the delay of performance with respect to the obligation to return the deposit for lease deposit in the simultaneous performance relationship with the obligation to deliver the building. Therefore, the part of the claim