1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Determination on the cause of the claim

A. On November 15, 2016, the Plaintiff and the Defendant (hereinafter “instant studio”) are as follows: (a) Busan Dong-gu, Busan, and 503 (hereinafter “instant studio”).

) A lease agreement to lease a lease deposit of KRW 3 million, KRW 350,000 per month, and period of lease from December 14, 2016 to December 13, 2017 (hereinafter “instant lease agreement”).

(2) On December 21, 2017, the Plaintiff ordered the studio of the instant case to the Defendant. On December 29, 2017, the Defendant returned KRW 1,970,140,000 to the Plaintiff on December 29, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

B. According to the above facts, since the lease contract of this case was terminated upon the expiration of the term, the defendant is obligated to return to the plaintiff the lease deposit amount of KRW 1,970,140,000, which was already refunded from the lease deposit of KRW 2.9 million, and the overdue rent of KRW 483,080, which was paid by the plaintiff as the plaintiff (=2,900,000 - 1,970,140 - 483,080), and the delay damages therefrom, unless there are special circumstances.

On the other hand, the plaintiff asserted that since 100,000 won was paid in cash to the defendant at the time of the lease contract of this case, the defendant should return the deposit amount of KRW 100,000 to the defendant. However, there is no evidence to acknowledge that the plaintiff paid the deposit amount of KRW 100,00

2. Judgment on the defendant's assertion

A. The Defendant did not notify the Plaintiff of the termination of the instant lease agreement no later than one month prior to the expiration of the lease term of the instant lease, and text messages that the Plaintiff sent to inform the Plaintiff of the intention to terminate the instant lease prior to the expiration of the lease term was not received by the Defendant while staying in a foreign country, and otherwise, the Plaintiff expressed his intention to terminate.