A. The Defendant is the owner of the fourth-story building located in Changwon-si, Changwon-si, Msan-si.

B. On February 21, 2013, the Plaintiff leased the studio of the building 202 (hereinafter “studio of this case”) from the Defendant by setting the lease deposit amount of KRW 40 million and the lease term of February 20, 2015.

B. On February 21, 2013, the Plaintiff paid KRW 40 million to the Defendant and resided in the instant room under delivery of the room, and delivered the said room to the Defendant on February 24, 2015, the lease term expires.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Since the lease contract between the Plaintiff and the Defendant was terminated, the Defendant, a lessor, should refund the lease deposit to the Plaintiff at the time of concluding the lease contract.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40 million and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from February 25, 2015 to April 24, 2016, the delivery date of the instant complaint, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.

(3) The plaintiff's claim is justified within the scope of the above recognition, and the remaining part of the damages for delay is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition that the plaintiff's claim is reasonable within the scope of the above recognition.