A. On August 28, 2015, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with respect to the Gu-Si B apartment 105 Dong 1305 (hereinafter “instant apartment”) with respect to KRW 100 million and the term of the lease from September 10, 2015 to September 9, 2017.

(hereinafter “instant contract”). (b)

The Plaintiff paid KRW 100 million to the Defendant, and notified the Defendant of his refusal to renew the lease contract three months prior to the expiration of the contract term.

C. After the expiration of the instant contract term, the Defendant returned to the Plaintiff KRW 25 million on September 13, 2017, and KRW 15 million on September 20, 2017, and the remainder of the lease deposit is not paid up to September 20, 2017.

[Identification Evidence] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant shall return the lease deposit to the plaintiff according to the expiration of the contract of this case, and the plaintiff is deemed to have delivered the apartment of this case to the defendant. Thus, the defendant shall be liable to pay to the plaintiff the amount of 60 million won of the unclaimed lease deposit and damages for delay calculated at the rate of 15% per annum from January 12, 2018 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case.

In this regard, the defendant asserts that the plaintiff and the defendant cannot seek immediate return of the remaining lease deposit, since the plaintiff and the defendant agreed to postpone the time of return until the other lessee have reached an agreement to postpone the time of return.

The agreement asserted by the defendant is not a condition precedent that the defendant does not bear the obligation to return the lease deposit until the new lessee files an application for the return of the lease deposit, but also if the defendant seeks a new lessee and fails to seek a lessee within a reasonable period, it shall be immediately held.