1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 2016, the Plaintiff and the Defendant began with the introduction of a branch, and decided to live together from May 2016.

B. Around May 2016, the Plaintiff and the Defendant leased KRW 25 million to the Defendant as the owner of the building 301 (hereinafter “instant building”) located in Seongbuk-gu Daejeon-gu, Daejeon as the Defendant at the place of living together. On May 24, 2016, the Plaintiff transferred KRW 25 million to the Defendant as the deposit for lease.

On May 31, 2016, the Plaintiff, with knowledge that the Defendant had not yet paid the said money to the lessor, remitted directly to the lessor KRW 24.5 million as the lease deposit (the amount excluding KRW 500,000,000,000,000,000 which the Defendant had already paid).

B. From May 2016, the Plaintiff and the Defendant liveded in the instant building, but around July 2016, the Plaintiff completed the living together due to the dispute and left the instant building.

C. Meanwhile, the Defendant paid to the Plaintiff KRW 10 million on May 31, 2016, and KRW 5 million on June 20, 2016, respectively, while living together with the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The term “the Plaintiff paid KRW 49.5 million to the Defendant under the name of lease deposit, etc.” was a condition subsequent to termination of the living relationship between the two parties. Since the above rescission condition has been fulfilled, the Defendant is obligated to return to the Plaintiff the remainder of KRW 34.5 million, excluding the amount of KRW 15 million already paid by the Defendant, out of the said amount, to the Plaintiff. (ii) The Plaintiff, upon the Defendant’s request, has lent KRW 25 million on May 24, 2016, and KRW 24.5 million on May 31, 2016, respectively. Accordingly, the Defendant is obligated to pay the remainder of KRW 34.5 million, excluding the amount of KRW 15 million already paid to the Plaintiff.

B. The plaintiff is the defendant.