1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

2...

1. Basic facts

A. On February 3, 2015, the Plaintiff leased the lease deposit of KRW 80,000,000 from February 13, 2015 to February 12, 2017, the Plaintiff received KRW 8,000,000 as the down payment, and the remainder of KRW 72,00,000 was paid to the Defendant on February 13, 2017.

(hereinafter “instant lease agreement”). B.

The instant lease agreement contains a special clause stating that “the Plaintiff shall cancel the right to collateral security of KRW 70,800,000,000 for the National Bank of Korea established on the subject matter of the instant lease until the payment date of the remainder.”

C. On June 27, 2016, the Defendant paid the remainder of KRW 72 million and occupied and used the instant apartment, and sent to the Plaintiff a document stating that “the Plaintiff shall terminate the instant lease agreement on grounds of the Plaintiff’s breach of the said special agreement as of August 31, 2016.” The document was served on the Plaintiff around that time.

On June 29, 2016, the Defendant filed a lawsuit against the Plaintiff for the return of lease deposit (hereinafter referred to as “previous lawsuit”) with the Busan District Court 2016Da326917, and the adjudication date was scheduled as August 25, 2016.

In such a situation, the Defendant expressed to the Plaintiff the intent to withdraw the said lawsuit if it pays the Plaintiff the sum of KRW 82.2 million and KRW 4.2 million, which is one half of the costs of the lease deposit and KRW 4.4 million, and the Plaintiff, who accepted the said intent, paid KRW 82.2 million to the Defendant on September 7, 2016, and the Defendant ordered the instant apartment to the Plaintiff and submitted to the court a written withdrawal of the lawsuit regarding the previous lawsuit on the day.

(As of September 28, 2016, the action was brought into force as of September 28, 2016). / [Grounds for recognition] The fact that there is no dispute, entry in Gap's 1 to 4, 7, and Eul's 3 and 4 (including provisional number), and the purport of the whole pleadings.

2. Determination as to the cause of action

A. 1 Plaintiff’s assertion as to the claim for litigation costs.