1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 7, 2012, the Plaintiff entered into a lease agreement with the Defendant on the fifth floor of building B in Gangdong-gu Seoul (hereinafter “instant real estate”) with the lease term of KRW 100 million from January 7, 2012 to December 31, 2013 (hereinafter “instant lease agreement”). On January 1, 2014 to December 31, 2015, the lease agreement of this case was renewed by changing the lease deposit of KRW 173 million from January 7, 2012 to KRW 493 million from January 31, 2013.

B. On March 9, 2016, the Plaintiff operated a depository with the instant real estate during the said lease period, and delivered the instant real estate to the Defendant on March 9, 2016 due to the Defendant’s failure to reach an agreement to renew the lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination on the claim for refund of deposit

A. According to the above fact-finding on the cause of the claim, the instant lease contract was terminated on December 31, 2015, and thus, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 80 million and the delay damages therefrom, barring any special circumstance.

B. (1) Although the Defendant’s assertion should be restored to the real estate of this case after the termination of the instant lease agreement, according to the appraiser C’s appraisal result, it is necessary to add a sum of KRW 50,914,872 to the restitution, and thus, it should be deducted from the lease deposit.

In addition, according to the lease contract of this case and settlement between the plaintiff and the defendant before filing a lawsuit, if the plaintiff fails to restore the real estate of this case to its original state, the amount equivalent to twice the ordinary rent shall be from the termination date of the lease contract to