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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 2009, the Defendant entered into a lease agreement with C on a deposit of KRW 100,000,000 per month rent of KRW 100,000 with respect to a store of approximately 9 square meters of the first floor of the D Building in Jung-gu, Seoul (hereinafter “instant store”), which was managed by C, and paid KRW 96,00,000,000,000,000 as the “E” at the instant store.
B. During the use of the instant store, the Defendant was notified of the sectional owners from the second floor of the D Building Building Building Building Building Building Building, and as the said store was used as the store from the sectional owners, the Defendant was required to return the lease deposit to C who entered into the lease contract as the manager of the Section 1 Council, because the said store was used as the store by preventing the underground stairs of the share of the commercial common use.
C. Meanwhile, around November 29, 201, the Plaintiff agreed to lease the instant store upon the introduction of the instant store from C, and paid KRW 30 million to G, the representative director of F, a title holder of the instant store, who is the owner of the instant store. On December 7, 2011, when concluding a lease contract of KRW 100 million on a deposit basis, the Plaintiff agreed to pay the remainder between January 15, 201 and January 20, 2012.
C The Defendant would return the lease deposit to the Defendant on January 19, 2012. On the other hand, the Defendant met with the Plaintiff at the coffee shop located in Jung-gu Seoul Metropolitan Government and the Plaintiff deducted the unpaid monthly rent of KRW 70 million and returned the remainder amount of KRW 70 million to the Defendant.
At the time, the Defendant refused to accept a receipt stating that “I have received deposit of KRW 70 million, except rent,” and the Defendant stated “C has received and paid it to the Defendant” at the bottom of the receipt certificate, which is not a receipt.