1. The instant lawsuit shall be dismissed.

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

Basic Facts

On May 3, 2006, the plaintiff and the defendant concluded a lease contract with the contents that the funeral hall and ancillary facilities of the hospital scheduled to be newly established in C and D are leased for 2.5 billion won and that the business rights are granted.

After that, on November 17, 2006, the Defendant entered into a lease contract (hereinafter “instant contract”) with the lessee as the Plaintiff whose representative director is D on November 17, 2006, and with the content that the lease deposit is three billion won (200 million won: simultaneous payment with the contract, and intermediate payment of KRW 800 million: within seven days after the preparation of the construction contract, and the balance of KRW 2 billion after the date of commencement of business (hereinafter “the instant contract”).

Under the instant contract, the Plaintiff paid KRW 20 million to the Defendant on May 3, 2006, KRW 45 million on May 26, 2006, KRW 250 million on November 15, 2006, KRW 350 million on November 29, 2006, and KRW 845 million on the pretext of lease deposit, including KRW 350 million on November 29, 2006.

In the rehabilitation procedure (Seoul Rehabilitation Court 2012 Ma246, hereinafter “instant rehabilitation procedure”), the Plaintiff filed an application for the remedy against the Defendant (Seoul Rehabilitation Court 2012 Mahap246, hereinafter “instant rehabilitation procedure”) regarding the commencement of rehabilitation procedure against the Defendant and the status of the right to return lease deposit claims, and filed a report on the total amount of KRW 1,737,204,246 under the instant contract as rehabilitation claims, as follows.

From January 31, 2007 to March 18, 2013: - From March 19, 2013 to April 17, 2013, KRW 845,00 (hereinafter “instant damage claim”) calculated by the ratio of 17% per annum, which is the arrears interest rate of financial institutions, pursuant to Article 8 of the instant contract pursuant to Article 8 of the instant contract; - KRW 880,397,397 (hereinafter “the instant damage claim”) - From March 19, 2013 to April 17, 2013: KRW 11,806,849, which was paid by the Defendant’s administrator under the instant rehabilitation procedure, the Plaintiff’s full amount of the Plaintiff’s damage claim.