1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 3, 2006, the Defendant entered into a lease agreement with the Plaintiff and the Defendant on May 3, 2006, on the condition that the funeral hall and ancillary facilities of the E hospital scheduled to be newly established C and D be leased with a deposit of KRW 2.5 billion and that the right to operate the business was granted. On November 17, 2006, the Defendant, upon the request of C and D, changed the lease deposit to the Plaintiff whose representative director D is the lessee, the lease deposit amount of KRW 3 billion (the contract amount: KRW 200 million: simultaneous payment with the contract, the intermediate payment amount: KRW 80 million: the payment within seven days after the preparation of the construction contract at the funeral hall, and the remainder of KRW 2 billion (the payment for the commencement date of the business) (hereinafter “instant contract”).

(2) According to the instant contract, the date of completion of a funeral hall shall be December 30, 2006; the date of commencement of the business; January 30, 2007; and Article 8(1) of the instant contract provides that “If the other party suffers any loss due to a cause attributable to either of the parties to the instant contract, the other party shall compensate for the loss at the interest rate of the financial institution’s arrears; and Article 8(2) of the instant contract provides that “When the instant contract is terminated or terminated due to a cause attributable to either of the parties, the other party shall be liable for the loss and the method of compensation shall be as

3) Under the instant contract, the Plaintiff paid the Defendant KRW 8,45 million in total under the name of the deposit amount, including KRW 200 million on May 3, 2006, KRW 45 million on May 26, 2006, KRW 250 million on November 15, 2006, KRW 350 million on November 29, 2006, and KRW 350 million on November 29, 2006. (B) The Plaintiff’s report on the Plaintiff’s rehabilitation claim and confirmation 1) filed an application with the Defendant for rehabilitation procedure (Seoul Rehabilitation Court 2012 Ma246, 246, hereinafter “instant rehabilitation procedure”), and the Plaintiff reported the rehabilitation claim on April 12, 2013, KRW 1,737,204, and KRW 2466 as follows.

Pursuant to Article 8 of the instant contract, the sum of the lease deposits paid under the instant contract amounting to KRW 845,000,000 (hereinafter “the lease deposit refund claim”).