A. On March 23, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 400 million, monthly rent of KRW 34 million, and the lease term from March 31, 2012 to September 30, 2014 (hereinafter “instant lease agreement”).

(However, the lease contract of this case is written in 2,00 square meters in the land of 29, Jungsan-dong and about 700 square meters in building on the leased object.

The Plaintiff paid the Defendant the full amount of the rent by August 2013 and KRW 10 million out of the rent by September 2013, and did not pay the subsequent rent.

C. From July 2013 to September 2013, and from January 2014 to the end of the instant lease agreement, the Defendant reduced the monthly rent to KRW 32 million (excluding value-added tax) by the end of the instant lease agreement.

On August 31, 2014, the Plaintiff handed over the instant real estate to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap's 1, 2 (Real Estate Lease Contract), Eul's 1 and 9, and the purport of the whole pleadings

2. Determination as to the claim for refund of lease deposit

A. The Plaintiff’s assertion 1) Since March 15, 2014, the Defendant was unable to use approximately 1,400 of the instant real estate in the Plaintiff on the grounds of the revision of the Wastes Control Act from March 15, 2014, and accordingly, the rent of the instant lease agreement from March 16, 2014 to December 3, 2013 ought to be reduced to KRW 9.6 million (===32 million x 600 square meters/ 2,00) pursuant to Article 627 of the Civil Act. (2) The Defendant has reduced to the Plaintiff the rent of the instant lease agreement from July 2013 to December 2013, and thus, the rent of KRW 30 million from October 2013 to December 2013 should be deducted (excluding value-added tax).

3. Since September 2013, the Plaintiff delivered the instant real estate to the Defendant by August 31, 2014, the unpaid rent is KRW 27,588,000,000,000.