1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. On September 2016, the Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant).

1. Basic facts

A. On August 27, 2016, between the Plaintiff and the Defendant, a lease agreement was concluded between the Plaintiff and the Defendant on the entire first floor of the building of the second floor of the building of the Dodong-gu Busan, Busan, which was owned by the Defendant, and the lease deposit for the said lease agreement (hereinafter “instant lease agreement”) is KRW 90 million [the contract deposit amounting to KRW 10 million shall be paid at the time of the contract (the payment shall be stated as the receipt by the Defendant), the intermediate payment of KRW 17 million shall be paid at the time of the contract (the payment shall be received by the Defendant), and the remainder payment of KRW 63 million on September 6, 2016 shall be paid on September 9, 2016). The lease term is 24 months from September 9, 2016.

B. On September 8, 2016, the Plaintiff submitted the instant lease agreement to the Industrial Bank of Korea, and applied for the Housing and Urban Fund loan of KRW 63 million (hereinafter “The Korea Housing and Housing Corporation guaranteed the loan of KRW 56.7 million, which is 90% of the loan; hereinafter “instant loan”), and entered the receipt account of the loan in the Defendant’s Busan Bank account. On September 9, 2016, the Industrial Bank of Korea remitted KRW 63 million to the Defendant’s Busan Bank account upon the Plaintiff’s application for the said loan.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2-1 and 3-3, the purport of the whole pleadings

2. The Plaintiff entered into the instant lease agreement with the Defendant, and sought a loan of KRW 63 million through the Industrial Bank of Korea, and paid to the Defendant. However, the Plaintiff asserted that the Defendant refused to deliver the leased object, and sought a return of KRW 63 million and KRW 2,937,180 that the Plaintiff paid to the Industrial Bank of Korea as the interest of the instant loan.

In this case, there is no dispute between the parties that the Plaintiff did not pay the down payment of KRW 10 million, intermediate payment of KRW 17 million as stipulated in the instant lease agreement, and according to the evidence Nos. 3 and 13-1 through 3, the Industrial Bank of Korea deposited KRW 63 million in the Defendant’s account, which is the receipt account of the loan of this case, on September 9, 2016.