1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C around March 2003, leased the lease deposit amount of KRW 50 million from the Defendant at KRW 304,00,000,000,000,000,000 for the lease deposit of KRW 5,000 on March 11, 2003, and the remaining lease deposit amount of KRW 45 million on April 16, 2003.

(hereinafter “instant lease agreement”). B.

Since the lease deposit of the instant lease contract increased to KRW 70 million, C paid KRW 20 million to the Defendant on April 28, 2005.

C. The instant lease agreement was terminated on June 30, 2006, and the Defendant was handed over by C the third floor of the D Building No. 304 on the same day.

On August 6, 2008, the Plaintiff was issued a seizure and collection order (hereinafter “instant seizure and collection order”) with respect to C’s right to claim the return of lease deposit against the Defendant by a notary public of Suwon District Court No. 2008T as a notary public with the executory power of No. 3104 of the 2008 Document No. 3104, the 2008 Document No. 31049, and the amount of the claim was KRW 79,693,839. The instant seizure and collection order was served on August 11, 2008.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, since the lease contract of this case terminated on or around June 30, 2006, the defendant is obligated to pay the lease deposit of this case to the plaintiff, who is the person entitled to collect the claim for return of the lease deposit of this case.

B. As to this, the Defendant asserts that the five-year extinctive prescription has expired for the obligation to return the lease deposit of this case.

Claims arising from not only a claim arising from an act that has been engaged in a commercial activity but also a claim arising from an act that constitutes a commercial activity only for one of the parties shall also be subject to the extinctive prescription period of five years under Article 64 of the Commercial Act.

According to the statement of No. 5, the defendant's retail business on August 16, 2002.