1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. A. Around November 2013, F, the Plaintiff’s wife, entered into a business agreement with Defendant B to jointly operate a cafeteria with the trade name of “I” (hereinafter “instant cafeteria”) after leasing a building located in Seongbuk-gu Seoul Metropolitan City G in the name of L (hereinafter “instant cafeteria”), and thereafter, operated the instant cafeteria from around that time.

B. Around March 2015, F entered into a lease agreement with J, a lessor of the instant cafeteria, to lease the instant building by setting the deposit amount of KRW 50 million, KRW 22 million per month, and the period from March 15, 2015 (hereinafter “instant lease agreement”).

C. Around August 2016, F transferred the instant restaurant to K (hereinafter “K”), and F and Defendant B agreed to terminate the instant lease agreement with J on August 23, 2016, F would receive KRW 45 million from Defendant C, the husband of Defendant B, who is the husband of Defendant C. Accordingly, H transferred the deposit amount of KRW 45 million to the account under Defendant C’s name on the same day.

On August 24, 2016, Defendant B remitted KRW 15 million out of the above KRW 45 million to the account under F’s name, and additionally remitted KRW 3 million on May 7, 2017 to the account under F’s name.

[Ground of recognition] without dispute, Gap evidence Nos. 11 and 12, Eul evidence No. 1 (Evidence No. 1) (the part of the lease contract No. 1 consists of a credit acceptance notice, a credit acceptance agreement, and a lease agreement. The plaintiff merely asserts that it was forged only for a credit acquisition notice and a credit acceptance agreement, and does not dispute the authenticity of the lease contract, so only the above part is admitted as evidence).