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. The Plaintiff: (a) on June 15, 2013, leased the lease deposit of KRW 110 million from the Defendant of Gwangju-si (102 Dong 201, Gwangju-si), and paid the Defendant the down payment of KRW 5 million on the same day; and (b) the Plaintiff is residing in the said subparagraph 201.

The fact that on September 9, 2015, the defendant delivered the above 201 subparagraph to the defendant is not a dispute.

2. Assertion and determination

A. The plaintiff's assertion that the plaintiff paid a deposit of KRW 10 million to the defendant, and delivered the above KRW 201,000 to the defendant after the expiration of the lease term. Thus, the defendant asserts that the defendant should return additional KRW 25 million in addition to the deposit already returned to the plaintiff, in addition to KRW 85,00,000.

In regard to this, the Defendant asserts that the Plaintiff received only KRW 100 million in total, including KRW 5 million on the day of the contract, KRW 5 million on July 11, 2013, KRW 5 million, and KRW 40 million on September 25, 2013.

B. In full view of the following circumstances acknowledged by Gap evidence Nos. 2 (Receipt), Gap evidence Nos. 5 (Contents Certification), Gap evidence Nos. 9 (Transfer Receipt), and Eul evidence Nos. 2 (Account Nos. 2) and the purport of the whole pleadings, it is reasonable to deem that the plaintiff paid the defendant a deposit amount of KRW 110 million.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 25 million, excluding the amount of KRW 85 million already returned, and the remainder of KRW 25 million from September 10, 2015 to November 20, 2015, which is the delivery date of a copy of the complaint from September 10, 2015, which is the delivery date of a copy of the complaint, to the Plaintiff, 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the full payment date.

1) The Defendant recognized that the deposit was received KRW 55 million on July 11, 2013. The Plaintiff kept the remainder of KRW 50 million to D Licensed Real Estate Agents (E) on July 11, 2013, and D Licensed Real Estate Agents paid the registration of preservation of ownership under the above 201 to the Defendant upon completion of the registration of preservation of ownership (Evidence 2, No. 201, Sept. 25, 2013).