1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On October 30, 2012, the Plaintiff lent KRW 200,000 to the Defendant, but around that time, the Plaintiff decided to convert the said loan to the deposit (hereinafter “instant deposit”) and exercised the right to operate the fireworks within the Defendant’s funeral hall (hereinafter “instant fireworks”).

B. Since January 22, 2014, the Plaintiff demanded the Defendant (actual operator D) to return the instant deposit, the defect that the Defendant would return the said deposit at the latest on March 3 and April 2014, and on March 17, 2014, the Plaintiff suspended the exercise of the instant fireworks operating right and returned its operating right to the Defendant.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1-1, 2, Gap evidence 2-3, the purport of the whole pleadings

2. According to the above facts of the judgment on the cause of the claim, the contract between the Plaintiff and the Defendant on the right to operate the fireworks of this case (which appears to be a contract similar to the lease contract) shall be deemed to have been terminated by returning the right to operate the fireworks of this case to the Defendant on March 17, 2014. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the deposit amount of KRW 200,000,000 and the delay damages.

3. Judgment on the defendant's assertion

A. The gist of the Defendant’s assertion 1) The Defendant paid the Plaintiff KRW 210,00,000,000, including interest and the amount receivable on the fireworks, in full, and paid the instant security deposit. 2) Even if the Defendant’s assertion on reimbursement is not acknowledged, the Defendant paid KRW 200,000 to the Plaintiff via the Plaintiff’s wife E around September 201, and KRW 200,000,000, respectively, of the Plaintiff’s vehicle lease amount of KRW 60,000,000, and KRW 20,000,000, out of the Defendant’s cash sales amount of KRW 3,000,000, out of the Defendant’s cash sales amount, each of the above claims against the Plaintiff by the Defendant against the Plaintiff is set off against the amount equal to the Plaintiff’s obligation to return the instant security deposit.

(b).