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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The 7th page 2 to the last page of the judgment of the first instance shall be the following:
2. On the claim for return of contract bond
A. The plaintiff's assertion that the above lease operation contract is to be terminated by preparing the above joint venture contract. Thus, the defendant shall return the remaining deposit amount of KRW 50 million to the plaintiff, and the difference of KRW 6.8 million agreed to be paid monthly by the plaintiff to the defendant by leasing the Mamoel to the defendant under the above joint venture contract is that the plaintiff intended to rent and pay the Mamoel owned by the non-party G, but it was impossible to perform the non-performance of the G lease contract, and that the defendant had the 200 million won invested in the Mamoel and the interest thereon recovered. Thus, all of them
B. We examine the following circumstances, i.e., (i) the Plaintiff and the Defendant, preparing the above joint project agreement, and partially revise and supplement the lease operation agreement entered into on June 5, 2010; and (ii) the Plaintiff and the Defendant agreed to apply the above lease operation agreement to matters not entered into in the said joint project agreement; and (iii) according to the above lease operation agreement, the Plaintiff and the Defendant agreed to pay KRW 12.8 million monthly proceeds to the Defendant; (iv) the deposit was agreed to be reverted to the Defendant if the Plaintiff violated the agreement; and (v) the Plaintiff and the Defendant made up the above joint project agreement so that the Defendant can secure KRW 12.8 million, which the Plaintiff paid to the Defendant each month in the above lease operation agreement.