1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 6, 2005, the Defendant entered into a lease agreement between the Plaintiff and the Plaintiff on the lease of the first floor of the Yeonsu-gu Incheon Building C (hereinafter “instant commercial building”) with a deposit of KRW 50 million, monthly rent of KRW 1.5 million, and the period from September 22, 2005 to September 21, 2007, and received delivery of the instant commercial building by paying the lease deposit of KRW 50 million around that time.

B. The Defendant is operating a red ginseng store in the instant commercial building.

On September 21, 2007, which is the expiration date of the lease term, delivered it to the plaintiff.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 50 million and damages for delay, unless there are special circumstances.

B. Defendant’s defense 1) The defense that the Defendant returned to the Plaintiff the remainder of the lease deposit after deducting the overdue rent of KRW 1650,000 and the unpaid management expenses on September 21, 2007, which was the expiration date of the lease term. However, it is not sufficient to acknowledge this only with the evidence submitted by the Defendant, and there is no other evidence to acknowledge this otherwise. 2) The Defendant asserts that the lease deposit refund claim expired by the statute of limitations

A claim arising from not only a claim arising from an act that has been engaged in a commercial activity but also a claim arising from an act that constitutes a commercial activity is subject to the extinctive prescription period of five years as stipulated in Article 64 of the Commercial Act. Such a commercial activity includes not only the basic commercial activity falling under any of the subparagraphs of Article 46 of the Commercial Act, but also the ancillary commercial activity that is performed by merchants for their business (see Supreme Court Decision 2006Da1381, Apr. 27, 2006). For the purpose of engaging in red ginseng sales business, the Plaintiff’s claim for return of deposit money leased from the commercial building of this case shall be leased with a claim arising from an act that constitutes an ancillary