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

Purport of claim and appeal

1...

A. On March 26, 2014, C entered into a contract with the Defendant to lease part of 102 of the building located in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant store”) at KRW 5,000,000, and the lease term from May 31, 2014 to May 31, 2016 (hereinafter “instant lease contract”). At that time, C paid the Defendant KRW 55,000,000 (hereinafter “instant lease deposit”).

B. C died on April 20, 2016, and the Plaintiff, the inheritor of C, gave delivery to the Defendant of the instant store at that time.

C. On September 6, 2016, the Defendant returned KRW 30,000,00, which is a part of the lease deposit, to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including paper numbers), Eul evidence Nos. 1 through 3, 6 and the purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 25,000,000,000 for the unpaid lease deposit and the damages for delay calculated at the rate of 15% per annum from March 11, 2017 to the date of complete payment, which is the day following the delivery of a copy of the complaint sought by the Plaintiff.

B. Defendant’s assertion 1 argues that “The Plaintiff did not perform its duty to restore the lease contract of this case, and the Defendant’s store of this case was restored to its original state by paying construction cost of KRW 25,000,000,000,” the above construction cost of KRW 25,000,000 should be deducted from the lease deposit of this case.”

In this regard, it is difficult to believe that Eul evidence No. 8 is merely a document prepared by E, which is alleged as a construction business operator, and the remaining evidence submitted by the defendant alone is borne by the plaintiff with regard to the part, such as partitions, as alleged by the defendant.

or the defendant's actual restitution works.