1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 28, 2014, the Plaintiff: (a) around one year (from November 30, 2014 to November 29, 2015, up to one year (from November 30, 2015 to November 30, 2017) from the Defendant’s building located in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant building”); (b) the lease deposit amount of KRW 25,000,000, monthly rent of KRW 1,310,000 (in the lease contract, “1,350,000,” but agreed on the said money); and (c) the lease agreement of KRW 25,00 (from November 30, 2015 to November 30, 2017) is a lease agreement.

B. Article 5 of the instant lease agreement provides that “If the lease agreement has been terminated, the lessee shall restore the third floor of the instant building to its original state and return it to the lessor. In such a case, the lessor shall return the deposit money to the lessee, and if the rent in arrears or damages is paid, the lessor shall return the balance after deducting it.” (C) The instant lease agreement was terminated due to the expiration of the term, and the Plaintiff handed over the third floor of the instant building to the Defendant on March 31, 2018.”

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, since the lease contract of this case was terminated at the expiration of the term, barring any special circumstance, the Defendant, a lessor, is obligated to pay the Plaintiff, a lessee, KRW 25,000,000 and delay damages for the lease deposit of the third floor of the building of this case.

B. Determination 1 on the Defendant’s argument regarding overdue rent deduction is based on the premise that the Defendant changed the business registration as a general taxable person on July 1, 2017 and reported and paid the rent (including management expenses to the tax authority after receiving value added tax) from the lessee from around that time, and that the rent is KRW 1,350,000 from December 12, 2017 to March 2018, the Plaintiff was in arrears.