A. On September 1, 2012, the Plaintiff entered into a lease agreement with the Defendant regarding the second floor of 487.04 square meters (hereinafter “instant real estate”) among the real estate listed in the attached Table list, as follows (hereinafter “instant lease agreement”).

Where the lease deposit is KRW 50 million, monthly rent of KRW 3.1 million, and the lease contract is terminated for five years, the plaintiff shall restore the above real estate to its original state and return it to the defendant.

In such cases, the defendant shall return the deposit to the plaintiff, and when there is the overdue rent or the amount of damages, he/she shall remove it and refund the balance.

Elevator usage amount shall be borne by the plaintiff at the cost of the plaintiff.

B. From January 2014, the Plaintiff did not pay the monthly rent to the Defendant. Accordingly, the instant lease was terminated on June 30, 2014.

[Ground of recognition] Facts without dispute, entry of evidence No. 2, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts as seen earlier, as the instant lease contract was terminated, the Defendant is obligated to refund the lease deposit to the Plaintiff, barring special circumstances.

B. The defendant's assertion 1) Since the duty to deliver the real estate of this case and the duty to return the lease deposit are related to the simultaneous performance of the duty to deliver the real estate of this case, the defendant is obligated to pay the lease deposit remaining after deducting the money as stated in the following 2) from the plaintiff at the same time as the delivery of the real estate of this case from the plaintiff.

2) The Defendant asserts that the rent in arrears should be deducted from the rent in arrears from January 1, 2014 to May 4, 2015. However, in cases where the lessee continues to possess the leased building portion even after the termination of the lease contract, but there was no substantial benefit due to the lessee’s failure to use and benefit from the leased building portion in accordance with the original purpose of the lease contract, this is applicable.