1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. On February 19, 2004, the Plaintiff filed a claim against the Defendants for the return of the above KRW 74 million and the delay damages, on the ground that the Defendants, both living in and outside of the Republic of Korea, accompanied the Plaintiff to a place where the deposit for lease was refunded from the lessor, and received the deposit amount of KRW 80 million from the lessor, and subsequently the Plaintiff did not return the remainder of KRW 74 million to the Plaintiff.

In full view of the statements in Gap 2, 15, Eul 5, and Eul 6 (including virtual numbers), and the overall purport of testimony and arguments of witnesses of the first instance court and H and D, on January 10, 200, D, the plaintiff's 2nd floor of the building E in Busan Jung-gu (hereinafter "the instant restaurant") was leased with a deposit of KRW 50 million and KRW 2.8 million in monthly rent, and the plaintiff started to operate the restaurant in the name of "F". The plaintiff loaned KRW 80 million to D around February 3, 200, and around that time, the 2nd lease contract was made between the landlord and the plaintiff as the lessee for the instant restaurant. After that, D, on January 31, 2004, transferred the lease deposit of KRW 50 million to the plaintiff and KRW 30 million in late rent of KRW 2,500,000,000,000 for the remainder of the lease deposit of the G 300,000 won.

① However, the lease deposit is the lessee at the seat of the Plaintiff at the time of February 19, 2004, on the wind that the Plaintiff filed the instant lawsuit around ten years after the lapse of ten years.