1. The Defendant’s KRW 54,934,970 for the Plaintiff and 5% per annum from September 18, 2017 to January 17, 2019.

1. On September 9, 2015, the Plaintiff drafted a contract for lease of KRW 65 million from September 18, 2015 to September 17, 2017 (hereinafter “instant contract”) with respect to the first floor of the building located in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant building”) owned by the Defendant and the Defendant, with respect to the lease deposit money, and the period from September 18, 2015 to September 17, 2017 (hereinafter “instant contract”). On that day, the Plaintiff wired KRW 5 million to the deposit account in the name of the Defendant.

On September 18, 2015, the Plaintiff transferred KRW 49,934,970,000,000 to the account under the name of the Defendant, after deducting the fee, from the loan of KRW 50,000,00,000, by concluding a lease contract with the E Bank under the instant contract.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings]

2. Determination on the claim

A. 1) On the premise that the contract of this case was concluded by the Plaintiff and the Defendant, around the other hand, on the premise that the contract of this case was concluded effective, the Defendant asserts that the Defendant is obligated to refund the deposit amount of KRW 65 million and damages for delay to the Plaintiff. 2) The Plaintiff was found to have been liable to compensate the Plaintiff for the invalidity due to the Defendant’s misrepresentation or misrepresentation of the contract of this case. The Plaintiff was in the legal fiction with the Defendant, on the ground that the Plaintiff was in the legal fiction with the Defendant, and the Plaintiff was in the legal fiction with the Defendant, and the Plaintiff was in the form of a lease contract with the Defendant, and the Defendant was in the form of F if the Defendant was paid the lease deposit with the Defendant. Accordingly, the Plaintiff and the Defendant drafted the contract of this case with KRW 65 million,000,000 among the Plaintiff and the Defendant. Accordingly, the Plaintiff applied for the lease deposit with the Defendant on September 14, 2015, and the Plaintiff received the lease deposit of this case from the Plaintiff, etc.