1. The defendant shall pay KRW 8,679,452 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit: 9.0

1. Basic facts

A. A. Around August 2009, the Defendant entered into a contract on August 2, 2009 with a view to the complex development of commercial facilities in the building zone of the subway No. 2, which was implemented by Seoul Quato, and entered into a contract on April 2012 to lease the commercial buildings in the building zone of the 2nd line from Seoul Quaro.

B. On the other hand, around February 12, 2010, the Plaintiff paid KRW 100 million to the Defendant as the deposit money for the lease contract to be concluded with respect to one shop in the building zone where the Defendant would be awarded a successful bid (hereinafter “instant commercial building”).

C. Around August 2012, the Plaintiff demanded the Defendant to enter into a lease agreement on the instant commercial building. However, the Defendant already leased the instant commercial building to a third party, and the Plaintiff notified the Defendant of his/her request to return the deposit for lease on or around the seventh day of the same month, and the said notification reached the Defendant on the following day.

On January 8, 2014, the Plaintiff filed a lawsuit against the Defendant seeking the return of the above KRW 100 million, and the Defendant returned KRW 100 million to the Plaintiff on January 17, 2014, which is the following day after the copy of the complaint was served.

[Grounds for Recognition: Evidence Nos. 1, 2-1, 9 of Evidence Nos. 2, 2-2 of Evidence Nos. 2 through 4-2, and the purport of the whole pleadings and arguments of the witness B]

2. Claim for restitution and claim for damages caused by cancellation of a contract;

A. The Plaintiff’s assertion (1) around February 12, 2010, when the Defendant later leased a commercial building in the building zone from the Seoul Mart, the Plaintiff concluded a lease agreement between the opening site and KRW 100 million, monthly rent of KRW 12 million, and KRW 100 million with the deposit money for five years. If the Defendant did not conclude a lease agreement as stipulated in the instant agreement, the amount of damages calculated at the rate of KRW 3 million per month from the day following the date of receiving the deposit money.