A. On April 30, 2015, the Plaintiff leased a room 2 partitions (hereinafter “instant building”) from the Defendant among the first floor of the apartment house in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, for the lease deposit of KRW 120 million from May 10, 2015 to May 10, 2017 (hereinafter “instant lease contract”). Around that time, the Plaintiff paid the Defendant the lease deposit of KRW 120 million and used the instant building upon delivery.

B. The lease agreement of this case terminated on May 10, 2017. The Plaintiff applied for the order of lease registration as Seoul Eastern District Court 2019Kadan5088 on the instant building on May 27, 2019, and the said court received the order of lease registration from the above court on May 27, 2019, and the lease registration was completed on June 14, 2019.

C. On April 20, 2020, the Plaintiff, while the instant lawsuit was pending, delivered the instant building to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the lease contract of this case was terminated at the expiration of the term, the defendant is obligated to pay to the plaintiff the lease deposit of KRW 120 million and damages for delay calculated at the rate of 5% per annum under the Civil Act from April 21, 2020 to June 5, 2020, which is the day following the day when the building of this case was delivered by the plaintiff from the plaintiff to June 21, 2020, as the plaintiff seeks from April 21, 2020 to June 5, 2020.

3. The judgment of the Defendant on the Defendant’s assertion: (a) the Plaintiff destroyed the instant building while making use of and benefit from the instant building; (b) the Defendant spent KRW 600,00 for the replacement cost of boiler, KRW 1,021,00 for the toilet repair cost, KRW 2,718,00 for the toilet repair cost, KRW 850,00 for the kitchen replacement cost, and KRW 5,339,00 for the window repair cost; and (c) the Plaintiff spent KRW 5,39,000 for the window replacement cost.