1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5, 8, 9, 10, 16, and Eul evidence 7 and the whole purport of the pleadings:

On December 2003, the Plaintiff retired from the Defendant Company, and thereafter managed the LPG gas filling station located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant filling station”) by being entrusted by the Defendant, and on June 1, 2006, leased the instant filling station building and all structures, machinery, equipment, fixtures, etc. necessary for its operation for three years from the Defendant.

B. On June 1, 2006, the Plaintiff entered into a petroleum product supply contract with the Defendant to exclusively use the Defendant’s product at the time of the first lease of the instant charging station from the Defendant, and on the same day, borrowed KRW 240,00,000 from the Defendant as free interest (it appears that the payment was made on May 31, 2009, but the maturity of the loan was extended on May 31, 2012, when the lease contract was concluded on June 1, 2009) and on June 30, 2006 to secure the above loan amount, the Plaintiff created a collateral security (hereinafter “mortgage”).

C. On June 1, 2009, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 160,00,000, monthly rent of KRW 47,600,00 (excluding value-added tax) and for three years from June 1, 2009 to May 31, 2012. The said lease agreement was terminated on May 31, 2012, and around that time, the Plaintiff delivered the instant deposit to the Defendant.

On August 9, 2012, the Defendant paid the Plaintiff KRW 240,000,00,000, and KRW 52,360,000,00 on May 2, 2012 (i.e., KRW 47,60,000, and KRW 4,760,000).