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

Purport of claim and appeal

1..

(2) On December 2013, the Plaintiff delivered the said apartment to the Defendant at the end of the instant lease agreement.

(3) The remainder of the lease deposit under the instant lease agreement, excluding the unpaid rent, etc., is KRW 1.64 million.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant lease agreement terminated on March 6, 2013, and the Plaintiff delivered the said apartment to the Defendant at the end of December 2013. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from February 13, 2014 to the day of full payment, as the remainder of lease deposit amounting to KRW 1.64,00,000 and its delivery date, as sought by the Plaintiff.

B. The defendant's assertion (1) asserts that the defendant cannot respond to the plaintiff's claim since he agreed to refund the lease deposit to the Open Sharing Foundation of Social Welfare Foundation (hereinafter "Non-Party Foundation") when the lease contract is terminated between the plaintiff and the plaintiff at the time of conclusion of the instant lease contract.

(2) According to the purport of the evidence No. 1 and the whole pleadings, the Plaintiff and the Defendant stated in the instant lease agreement that “a lease deposit shall be refunded to the non-party corporation upon the expiration of the contract” as the special terms and conditions, and the Plaintiff may recognize the fact that the Plaintiff borrowed KRW 20 million from the non-party corporation after paying the lease deposit to the Defendant and then entered the name of KRW 10 million in the plan for the use of the loan.