1. The Defendant’s KRW 38,170,00 for the Plaintiff and KRW 5% per annum from February 12, 2016 to October 20, 2016.

1. Facts of recognition;

A. The plaintiff and the defendant are all operators of ditches.

B. On October 26, 2015, the Plaintiff deposited KRW 200 million with the Defendant with “deposits for the purchase of C works (hereinafter “instant art works”)” (hereinafter “the instant deposit”), and the Defendant received the said money, and then prepared “cash storage certificate” to the Plaintiff upon the Plaintiff’s request, and installed the Plaintiff’s delivery of the said art works at the Plaintiff’s request.

The Defendant spent 8.3 million won (including value added tax, 9.1.30,000 won) at insurance premiums and transportation costs in the course of installing the instant art works.

C. Upon the Plaintiff’s failure to purchase the instant art product (However, the Plaintiff claimed that the cause was the original and the Defendant otherwise asserted), from November 8, 2015 to December 22, 2015, the Plaintiff demanded the Defendant to refund the instant deposit several times, and received a partial refund from the Defendant.

On December 3, 2015, the Plaintiff drafted a receipt to the Defendant stating that “The KRW 100 million out of the deposit KRW 200 million was awarded to D, was delivered KRW 15 million, transportation cost of KRW 8.3 million, and KRW 2.7 million.” On December 3, 2015, the Plaintiff confirmed that he was paid KRW 160 million out of the current KRW 200 million.”

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4 (including the number with each number; hereinafter the same shall apply), Eul evidence Nos. 1, 2 and 3, and the purport of the whole pleadings

2. The parties' assertion

A. Although the amount of KRW 600 million is required as the down payment for the purchase of the instant art works, the contract was reversed due to the lack of the down payment on the wind that the Defendant did not return the instant deposit at the time.

The defendant returned only KRW 150 million out of the deposit of this case until December 4, 2015, and did not refund the remainder of KRW 50 million to the defendant. The plaintiff did not refund the remainder of KRW 50 million to the defendant, except for transportation expenses and insurance premiums to be borne by the plaintiff out of the remainder of the deposit of KRW 50 million.