1. Of the part on the principal lawsuit in the judgment of the court of first instance, 4,097,361 won against the Plaintiff (Counterclaim Defendant).

1. Basic facts

A. On September 16, 201, the Plaintiff concluded a lease agreement with the Defendant on the condition that the instant building was leased KRW 20,000,000 for a deposit for lease, KRW 800,000 for a monthly rent (as from May 16, 2012 to KRW 750,000 for a rent), and that the lease agreement was leased by the end of September 15, 2013 for a period of lease.

(hereinafter “Lease of this case”). (b)

On September 16, 2011, the Plaintiff paid the above lease deposit to the Defendant, and thereafter was engaged in entertainment tavern business by occupying and using the instant building from that time.

C. On August 3, 2012, around 11:30, a fire occurred in the instant building (hereinafter “instant fire”), and the instant building was destroyed to the extent that it could not be used for entertainment tavern business purposes.

After that, the Plaintiff did not run an entertainment tavern business in the instant building.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, 10, Eul evidence No. 1 (including numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the main claim

A. The lease of the Plaintiff’s claim for the return of deposit for lease was destroyed by fire on August 3, 2012, and thus, it was impossible to achieve the Plaintiff’s purpose of running an entertainment drinking house business. As such, the contractual relationship was terminated on the same day.

Therefore, barring any special circumstance, the Defendant should pay the Plaintiff KRW 20,000,000,000.

B. The security deposit received by the Defendant in the lease of real estate, which guarantees all the lessee’s obligations arising from the lease relationship, such as the rental fee and the liability for damages arising from the loss, damage, etc. of an object. The amount equivalent to the secured obligation is naturally deducted from the security deposit without any separate declaration of intention, unless there are special circumstances when the object is returned after the termination of the lease relationship (see Supreme Court Decision 99Da50729, Dec. 7, 199). The Defendant is the amount corresponding to the security deposit to be returned by the Defendant as follows.