1. The Defendant’s KRW 43,00,000 as well as 5% per annum from July 2, 2013 to July 30, 2013 to the Plaintiff.

1. Facts of recognition;

A. The Plaintiff entered into a contract with the Defendant on September 16, 201 under which the lease deposit amount was KRW 50,000,000 for the entire first floor (including underground) of Class II neighborhood living facilities in Seocho-gu Seoul (hereinafter “instant building”) located on the ground of Seocho-gu Seoul, Seoul, and KRW 3,500,000 for the monthly rent (first day of each month), and the period of lease was set at 22.5 months from the date of delivery for the lease (hereinafter “instant lease contract”).

B. The terms and conditions of the instant lease agreement (Evidence 1) include a lease agreement under the condition of the right and facility (including underground sections) as of the date of the contract. Flood control (including underground rooms), drainage, water supply-related facilities are inevitably repaired, modified, and used in accordance with the lessee’s industrial purpose, and are not held liable to the lessor for the defective performance of the function. The lessee shall restore the leased to its original state before June 20, 201 after the expiration of the contract term. The modified and removed matters of the steel framed light at the time of the construction of the artificial park will continue under the agreement of the lease. Management fees are included in the rent.

C. The Defendant received KRW 50,000,000 from the Plaintiff around the time when the instant lease contract was concluded.

However, according to the purport of the entire pleadings, the Plaintiff, who received the store from Nonparty D, not directly paid the lease deposit, appears to have succeeded to the lease deposit when concluding a lease contract again with the Defendant.

After the lease of the instant building, the Plaintiff changed the type of business into a coffee shop. (1) Two (2) landscaping and lighting (including electric facilities) installed at the entrance of the building, including steel drums and standards, and (3) two (2) beams installed inside the building, and 1 (4) columns, and (5) re-protrudings constructed at the inner walls of the building.