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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. Around 2004, the Defendant accepted D gas stations located in Dongjak-gu Seoul Metropolitan Government Seoul (hereinafter “instant gas stations”) and had it operate the gas stations of this case to E who omitted.
B. On August 2, 2005, the Plaintiff and E prepare a lease agreement (No. 6) stating that “the Plaintiff leases the instant gas station from the Defendant with the lease deposit amount of KRW 500 million, monthly rent of KRW 7 million, the lease term from November 1, 2005 to October 31, 2008, with the lease term of KRW 50 million, and each written performance letter as follows; in each Defendant’s name, E affixed the Defendant’s seal imprint; in each Defendant’s name, E affixed the Defendant’s seal imprint; among them, E requested a certified judicial scrivener F to do so.
8. A notary public’s authentication obtained from G for a deed signed by a private person;
(A) H and E: H and B: A and B enter into a memorandum of understanding with respect to the lease and lease of the instant gas station.
The lease deposit under paragraph (2) shall be KRW 600 million, and KRW 100 million shall be settled first at the time of transferring the gas station, and the deposit shall be KRW 500 million thereafter.
The interest on the 600 million won of the lease deposit under paragraph (3) shall be paid by applying the interest rate of the ordinary bank until the transfer is made.
At the same time as this letter of understanding is concluded, Eul shall pay the down payment of KRW 300 million to Gap.
C. Accordingly, the plaintiff paid to E total of KRW 300 million on August 2, 2005, KRW 100 million on the 5th of the same month, and KRW 200 million on the 12th of the same month, and around August 12, 2005, KRW 600 million on the 12th of the same month, and KRW 50 million on the 12th of the same month, and KRW 50 million on the 12th
The cash custody certificate (No. 9) in the name of the Defendant and E, stating “A” was prepared, and E was delivered to the Plaintiff on the Defendant’s name. D. Since the instant lease contract was de facto terminated, the Plaintiff was returned only KRW 49 million from January 28, 2006, out of KRW 600 million paid to E as security deposit, until January 28, 2006. Meanwhile, E was borrowed from I at the Seoul Central District Court on May 12, 2009.