A. On August 18, 2012, C leased, from the Defendant, 7 million won, monthly rent of KRW 45.72m2 in the same drawing among the first floor of the building indicated in the separate sheet (hereinafter “instant commercial building”) from the Defendant, with a deposit of KRW 7 million, monthly rent of KRW 450,000, and the period of KRW 45.72m2 in the order of each point (hereinafter “instant commercial building”), and operated a restaurant at the instant commercial building by paying a deposit around that time.

B. On October 15, 2013, the Plaintiff, the Defendant, and C concluded a new lease agreement (hereinafter “instant lease agreement”) between October 15, 2013 and October 14, 2015 with a deposit of KRW 5 million, monthly rent of KRW 5 million, and the period from October 15, 2013 to October 14, 2015. The Plaintiff paid a deposit and operated a restaurant at that time.

C. However, as the Plaintiff did not pay the monthly rent after November 2013, the Defendant sent a certificate of contents terminating the instant lease agreement to the Plaintiff on March 10, 2013 on the ground that the Plaintiff was in arrears at least three times on March 10, 2013, and reached the Plaintiff around that time.

On the other hand, after the completion of the instant commercial building business on April 10, 2013, the Plaintiff notified F, who is operating “E” in the same D, of the key to the instant commercial building and to find the Defendant.

[Ground for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including a tentative number)

2. Determination as to the cause of action

A. According to the fact that the obligation to return the lease deposit was established, the instant lease agreement was terminated on March 10, 2013 on the ground that the Defendant notified the termination of the instant lease agreement on the ground that the Plaintiff was in arrears with monthly rent.

Therefore, the defendant is obligated to return the remainder after deducting the unpaid monthly rent from the lease deposit to the plaintiff.

B. (1) Since the instant lease agreement, such as monthly rent, was terminated on or around March 10, 2013, the unpaid monthly rent from November 2013 as asserted by the Defendant and the compensation for damages equivalent to the subsequent monthly rent.