2. The costs of lawsuit shall be borne by the Plaintiff.

A. On December 18, 2013, the Plaintiff asserted that the Plaintiff agreed to lease the Gangseo-gu Seoul Metropolitan Government C Apartment 301 Dong 1306 (hereinafter “instant apartment”) with a deposit of KRW 40 million and KRW 600,000 per month for three months. On March 27, 2014, the Plaintiff delivered the instant apartment to the Defendant. As such, the Defendant is obligated to pay the Plaintiff the amount calculated by deducting the unpaid rent and management expenses from the deposit of KRW 40 million to March 27, 2014, and the delay damages calculated from March 28, 2014.

B. The Defendant’s assertion that the lease contract for the instant apartment was concluded, and there was no agreement to set the term of lease only three months, and the lease was made until December 21, 2015. On September 16, 2014, after concluding a lease contract with a new lessee on September 16, 2014, the Plaintiff deposited the remainder deposit after deducting KRW 6,194,810, such as rent, management fee, etc. that was not paid by the new lessee and the Plaintiff paid for KRW 33,992,950. As such, the Plaintiff’s obligation to refund the deposit was extinguished.

2. The key issue of this case is whether the plaintiff and the defendant set the lease term of the apartment of this case for three months, and in light of the statement of Gap evidence No. 1 and witness D and E's testimony, it is not sufficient to recognize the plaintiff's assertion that the testimony of witness F set the lease term of the apartment of this case for three months, and there is no other evidence to acknowledge it.

Therefore, the lease contract of the instant apartment cannot be deemed to have been terminated on March 27, 2014, when three months have elapsed since the Plaintiff moved into the instant apartment, and only after the Defendant entered into a new lease contract with the lessee, the said lessee paid the deposit to the Defendant and reached the agreement on October 10, 2014.