1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from January 24, 2017 to the day of complete payment.

1. Basic facts

A. On September 5, 2012, the Plaintiff prepared a lease agreement (Evidence 2-1) between the Defendant’s father C, representing the Defendant, as the Defendant’s father C, and between the Plaintiff and the Plaintiff’s father C with respect to one room as to the first floor of the first floor of Gwangju-si D2 detached Housing (hereinafter “instant Housing”). The lessor drafted a lease agreement (Evidence 2-1) with the deposit amount of KRW 35 million and the period from September 25, 2012 to September 24, 2014.

B. After that, on November 30, 2014, the Plaintiff drafted a lease agreement (Evidence 2-2) between the Defendant’s father C, representing the Defendant, with respect to one column for the room of the said house as the Defendant, as to which the lessor was the Defendant, and the deposit amount of KRW 35 million, and the period from November 30, 2014 to November 30, 2016.

The terms and conditions of the above contract are as follows: “The contract was renewed on November 30, 2014 due to the expiration of the contract on September 5, 2012, and thus are identical to the previous contract. This contract is amended due to misunderstanding. The revised portion is, “The commercial building to be leased is the area to be leased, and the area was modified on December 31, 2014.”

C. The Plaintiff resided in one column among the instant housing, and delivered it to the Defendant around May 2016.

【Ground for Recognition: Facts without dispute, Gap evidence 2-1 and 2, the purport of the whole pleadings】

2. Summary of the parties' arguments;

A. Based on a lease agreement concluded between the Plaintiff and the Defendant, the Defendant is obligated to return the deposit amount of KRW 35 million to the Plaintiff.

B. The lease contract (A evidence 2-1 and 2) made between the Plaintiff and the Defendant is null and void since it was made by means of falsity in order to satisfy the Plaintiff’s naturalization conditions. There was no receipt from the Plaintiff of deposit KRW 35 million. The Defendant leased the room of the instant house to the Plaintiff at KRW 500,000 per month.

3. Determination

A. In full view of the following circumstances, the payment of deposit amount is to substitute for the payment of KRW 35 million, out of KRW 36 million lent by the Plaintiff to C between C and the Defendant on behalf of the Plaintiff.