1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. On October 15, 2005, the Plaintiff resided in the Defendant’s deposit of KRW 100 million (a contract deposit of KRW 10 million shall be paid on the 31st of the same month when entering into a contract) and on October 31, 2005 through October 31, 2007, the period from October 31, 2005 to October 31, 2007, Seongdong-gu Seoul, and one parcel of land, 102 Dong-dong 401 (hereinafter “instant lease”) (hereinafter “instant lease”), and went out of the instant house on June 3, 2008.

B. As to the instant housing, the registration of ownership transfer was completed on December 29, 2006 due to the sale on November 30, 2006.

C. On June 3, 2008, the Defendant returned KRW 33 million out of the deposit of the instant lease to the Plaintiff.

On the other hand, a loan borrowed on November 30, 2005 from the same credit union working for the defendant (hereinafter referred to as the "same Credit Union"): the defendant (which was added to E as a joint guarantor on July 10, 2007), the lease fund, the period: the lease fund, the lease period: 23 months (hereinafter referred to as the "the loan in this case"), and 2 million won out of the loan amount of 50 million won was loaned to the defendant as the plaintiff's investment in the East Credit Union, and the remainder of 48 million won was deposited to the defendant on June 10, 2008, and E repaid all of the loan in this case on June 10, 2008.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 8, Eul evidence No. 1, Eul evidence No. 11-1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff paid KRW 100 million to the Defendant as stipulated in the instant lease. Since the Defendant returned KRW 33 million among them, the Defendant is obligated to return the remainder deposit to the Plaintiff.

B. The deposit actually received by the Defendant is KRW 93 million, and KRW 50 million, which was repaid by E, other than KRW 33 million, and KRW 10 million, which the Defendant lent to the Plaintiff or the Plaintiff’s fatherF on or around January 2006, shall be settled as the deposit amount, and the deposit shall be fully paid.