1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 27, 2013, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 35,000,000, and the term of lease from April 20, 2013 to April 6, 2015 (hereinafter “the lease agreement in this case”). The Defendant paid KRW 35,000,000 to the Plaintiff.

B. The Defendant asserted that the lease of this case was terminated on the ground of the Plaintiff’s nonperformance of the duty to provide the leased object, and filed a lawsuit against the Plaintiff seeking the return of KRW 35,00,000 (U.S. District Court 2014Da12058).

C. On May 19, 2015, when the said lawsuit was pending, the Plaintiff returned KRW 35,000,000 to the Defendant for the lease deposit of this case, and the Defendant withdrawn the lawsuit stated in the said Paragraph.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant alleged that the Plaintiff was entitled to full refund of the lease deposit of this case from the Plaintiff, by deceiving the court, and received 35,000,000 won from the auction procedure for real estate owned by the Plaintiff and thereby inflicted damages equivalent to the same amount on the Plaintiff. As such, the Defendant should compensate the Plaintiff for the said 35,00,000 won.

B. Determination 1) According to the overall purport of Gap evidence Nos. 2, Eul evidence Nos. 1 and 2 and the entire pleadings, the defendant expressed his/her intent to waive the receipt of the above dividends in the Suwon District Court on Jan. 14, 2019.