1. The Defendant’s KRW 57,358,620 as well as 5% per annum from February 20, 2016 to November 29, 2016 to the Plaintiff.

1. Basic facts

A. On January 10, 2014, the Plaintiff and the Defendant concluded a lease agreement with the Plaintiff, setting the term of lease from January 10, 2014 to January 9, 2016 the fourth-story store of 502.77 square meters (hereinafter “instant store”) among the buildings located in Seo-gu, Seo-gu, Gwangju, which are owned by the Defendant, at KRW 70 million, lease deposit KRW 70 million, and monthly rent of KRW 6 million.

(hereinafter “instant lease agreement”). The Plaintiff paid the Defendant the lease deposit amount of KRW 70 million pursuant to the said lease agreement and used the instant store.

B. On February 10, 2016, the term of the above lease expired, the Plaintiff removed from the store of this case.

【Ground for recognition: Facts without dispute】

2. On February 10, 2016, the fact that the Plaintiff paid deposit of KRW 70 million to the Defendant in accordance with the instant lease agreement, and on February 10, 2016, after the lease term expires, the Plaintiff left the instant store. Therefore, barring any special circumstance, the Defendant is obligated to return deposit of KRW 70 million to the Plaintiff according to the termination of the instant lease agreement.

3. Defendant’s assertion and judgment

A. There is no dispute between the parties regarding the fact that the amount of unpaid public charges should be deducted from the deposit for the lease of public charges amounting to KRW 6,641,380.

Therefore, it is necessary to deduct 6,641,380 won from the security deposit for lease.

Therefore, this part of the defendant's argument is justified.

On the other hand, the defendant asserts that the plaintiff should be liable for the overdue interest on the above unpaid public charges. However, since the lease deposit guarantees all obligations, such as public charges, arising in connection with the lease until the lease is delivered, the lease deposit reaches the due date only for the remainder after deducting the amount. Thus, the lease deposit becomes simultaneously performed with the lessee's obligation to return the object, in such cases.