1. The Defendant’s KRW 4,950,00 and the Plaintiff’s annual rate of KRW 5% from May 29, 2019 to August 19, 2020 and the following.

1. Basic facts

A. On May 8, 2013, the Plaintiff entered into a lease agreement with the Defendant on the first floor of Seocho-gu Seoul Metropolitan Government building (hereinafter “instant real estate”) with a deposit of KRW 120 million, monthly rent of KRW 4950,000,000, monthly rent of KRW 4950,000, and from June 3, 2013 to June 2, 2014 (hereinafter “instant lease agreement”), and operated the instant real estate restaurant, “D” upon delivery.

B. While the instant lease contract was automatically renewed, the Plaintiff notified the Defendant of the suspension of business in the instant real estate as of November 30, 2018 and the termination of the instant lease contract. On December 27, 2018, the Plaintiff completed the construction work to restore the instant real estate to its original state, and delivered the instant real estate to the Defendant.

C. On December 27, 2018 and December 31, 2018, the Defendant returned the deposit to the Plaintiff twice, and deducted the overdue rent, management expenses, public charges, etc. from the deposit amount in arrears from August 27, 2018 to January 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 2, witness E's testimony, purport of whole pleading

2. Summary of the parties' arguments

A. Although the Plaintiff delivered the instant real estate to the Defendant on November 30, 2018, the Plaintiff returned the instant real estate to the Defendant by unfairly deducting KRW 9.9 million from the deposit as the monthly rent for December 2, 2018 and January 2, 2019. From December 2, 2014 to June 2017, the instant real estate lease term resulted in a business loss equivalent to KRW 36 million due to the occurrence of the phenomenon and the number of rainy water on the inner wall of the instant real estate from December 2, 2014 to June 2017, the Defendant is obligated to pay the Plaintiff a total of KRW 45.9 million.

B. When the Plaintiff and the Defendant agreed to terminate the instant lease agreement, the Plaintiff and the Defendant agreed to refund the remaining security deposit after deducting the difference from the previous overdue rent, management fee, etc. on December 12, 2018 and January 2, 2019, and even if the settlement agreement cannot be acknowledged, the Plaintiff did not agree.