1. The defendant shall pay 76,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

1. Basic facts

A. On April 4, 2014, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 100 million, KRW 4 million per month, and the lease term amounting to 12 months from April 4, 2014 (hereinafter “instant lease agreement”) with respect to accommodation facilities of three floors of reinforced concrete structure (refinite), concrete branch, roof, etc. (hereinafter “instant building”). At that time, the Plaintiff received delivery of the instant building from the Defendant after paying the above KRW 100 million to the Defendant.

B. During the above lease period, the Plaintiff paid the Defendant a monthly rent of KRW 24 million (=12 months x 2 million).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant lease agreement was terminated on April 3, 2015, and the Plaintiff’s unpaid rent is KRW 24 million, and the Defendant is obligated to pay KRW 76 million remaining lease deposit to the Plaintiff.

B. Defendant’s assertion 1) As such, the Plaintiff did not pay the rent from the termination of the instant lease agreement to the time of the closing of argument in the instant case, the Plaintiff ought to deduct the amount of unjust enrichment equivalent to the rent from the remaining lease deposit. 2) The Plaintiff paid only KRW 2 million out of the rent stipulated in the instant lease agreement, and the Defendant incurred losses in paying interest on the loan of the instant building amounting to KRW 1,127,985, which shall be deducted.

3. The Plaintiff’s obstruction and thereby resulting in the non-sale of the building of this case, must be deducted.

3. Determination

A. According to the facts acknowledged before the judgment on the Plaintiff’s assertion, the instant lease agreement was terminated on April 3, 2015, and the Plaintiff did not pay a total of KRW 24 million during the lease term. As such, the said KRW 24 million should be deducted from the lease deposit.