1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

1. Facts of recognition;

A. On October 17, 2012, the Plaintiff entered into a lease agreement with the Defendant on the part of the Defendant, with respect to a pharmacy in the Jung-gu Government City C (hereinafter “instant lease agreement”) stating that the lease deposit is KRW 60 million, monthly rent is KRW 1.8 million, and the lease period is from October 10, 2012 to 12 months (hereinafter “instant lease agreement”).

B. After that, on February 27, 2014, the Plaintiff notified the Defendant of the termination of the said lease agreement, and subsequently requested the return of the lease deposit on or around April 9, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The party's assertion and judgment

A. As the Plaintiff’s assertion (i.e., the instant lease agreement was terminated at present, the Defendant is obligated to return the lease deposit to the Plaintiff.

At the time of the conclusion of the instant lease agreement by the Defendant, the lease deposit was to be returned in the presence of the Plaintiff, Nonparty D, and E, and there is no obligation to return the deposit without attendance of D and E.

B. In full view of each of the above evidence and evidence Nos. 1 and 2, the following facts are acknowledged: (a) at the time of entering into the instant lease agreement, KRW 50 million out of the lease deposit 60 million was money created in E and D rather than the Plaintiff; and (b) at the time of entering into the instant lease agreement, the lease deposit was to be returned in D’s presence; (c) the Plaintiff, the Defendant, and the Defendant, on October 17, 2012, prepared a written consent to the effect that the deposit may be returned in the presence of D, E, and the Plaintiff in the event that the contract deposit is returned upon termination of the said lease agreement.

In full view of these facts, it is stipulated that the lease deposit should be returned in the presence of D in the instant lease agreement shall be reverted to the Plaintiff as the lessee, but the right to claim the return of the lease deposit shall belong to the Plaintiff as the lessee, in fact, to the amount of KRW 50 million out of the lease deposit.