A. On April 29, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease KRW 20,000,000 (including value-added tax) during the lease period from June 1, 2015 to May 31, 2017 (hereinafter “instant real estate”) by setting the lease period from June 1, 2015, to May 31, 2017.

B. The Plaintiff requested the Defendant to terminate the instant lease agreement on January 2016, 2016, which was before the expiration of the period of lease and use of the instant real estate, and the Defendant requested a new lessee to return the deposit only.

C. The Plaintiff sought a new lessee D through the real estate brokerage office, and the Defendant entered into a lease agreement with D on February 18, 2016 and the instant real estate from March 20, 2016 to March 19, 2018, setting the lease amount of KRW 30,000,000, monthly rent of KRW 1,600,000, and received KRW 3,000,000 on the date of the contract.

On March 4, 2016, the Defendant notified the Plaintiff that “D terminated the lease contract.”

E. On March 31, 2016, the Plaintiff settled and delivered the instant real estate to the Defendant the rent, management fee, etc. up to that time.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 5 evidence, Eul evidence, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s instant lease contract was terminated when the Defendant entered into a lease contract with a new lessee D and received the down payment, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 20,000,000 and damages for delay.

B. The Defendant agreed to terminate the instant lease agreement with the Plaintiff on the condition that the new lease contract will not be performed normally. Since the new lease contract was canceled, the instant lease agreement is valid until the expiration date of the lease term.

2.