1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. On May 3, 2011, between F’s agent I and F, the Plaintiff drafted the first lease agreement between F’s agent I, whereby the first floor store located G in Gyeongsan-si (hereinafter “instant store”) with the term of lease from June 10, 201 to 24 months from June 10, 2011, and the deposit amount of KRW 40 million (the contract amount of KRW 40 million shall be paid in lump sum at the time of the contract).

B. The Plaintiff filed a lawsuit against F with the Daegu District Court demanding the return of KRW 40,000,000 for the lease deposit, and the Daegu District Court rendered a favorable judgment on September 22, 2011 (201Gadan49377).

C. On July 20, 2012, the Plaintiff: (a) completed the second lease agreement with F as to the instant store from July 20, 2012 to July 24, 2012; (b) KRW 50 million (in the case of a contract, KRW 50 million shall be paid in a lump sum at the time of the contract) (hereinafter “instant lease agreement”); and (c) on August 3, 2012, the Plaintiff applied for registration of its business after obtaining a fixed date from the head of the Busan District Tax Office; and (d) filed for registration.

On September 12, 2012, the Defendant: (a) lent KRW 470,00,000 to F with interest rate of KRW 6.5.5% per annum; (b) entered into a mortgage agreement with F with the maximum debt amount of KRW 611,00,000 with respect to a building of KRW 565,40 square meters and above ground (hereinafter “instant real property”); and (c) entered into a mortgage agreement with F with the Daegu District Court on September 12, 2012, with the registration office of Busan District Court No. 39915.

E. On October 19, 2012, the Plaintiff filed a lawsuit against F with the Daegu District Court seeking the return of KRW 50,000,000 (so-called 2012dan54826). The grounds for the claim are as follows. The duplicate of the complaint was served on F on October 25, 2012, and on January 23, 2013, the Plaintiff concluded a mediation that “F shall pay the Plaintiff KRW 50,000,000 to the Plaintiff by March 15, 2013.”

When concluding a lease contract for the instant store between the Plaintiff and F, F is various kinds of facilities, i.e., electric facilities, septic tanks, etc., that the Plaintiff is able to conduct.