1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On May 2, 2001, the Plaintiff entered into a lease agreement with the Defendant on a deposit amount of KRW 100,000,000,000 for the same building in the East Sea, which is owned by the Defendant, and of KRW 1,800,000 for the tea, and KRW 1,800 for the tea, and KRW 00 for the rent (excluding surtax) and two years for the lease term (hereinafter “the lease agreement in this case”). After paying the lease deposit, the Plaintiff operated a business using the trade name “D” registered as business operator on August 20, 196.

B. Since then, the instant lease agreement was continuously renewed, and it was increased to KRW 2,000,000 (Additional Tax Map) by September 2013.

C. On August 19, 2015, the Plaintiff agreed to transfer the right to the instant commercial building with SK Telecom Co., Ltd. (hereinafter “Nonindicted Company”) and entered into a contract for the transfer of the right to the instant commercial building (hereinafter “the instant premium contract”) with KRW 77,500,000 (Additional Tax), and entered into a lease agreement after one week.

However, around August 26, 2015, the defendant notified the plaintiff that he would terminate the lease contract on the ground that he would refuse to conclude the lease contract with the non-party company and directly use the commercial building of this case.

E. On September 2, 2015, the Plaintiff concluded a lease contract with E on the instant commercial building as premium transfer amounting to KRW 73,000,000 (additional tax separate), but the Defendant also refused to conclude a lease contract with E on the ground of direct use.

F. The Plaintiff, under an agreement with the Defendant, terminated the instant lease agreement on October 19, 2015, and accordingly, delivered the instant commercial building to the Defendant around October 19, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, Eul evidence No. 1 (Evidence No. 1 includes numbers; hereinafter the same shall apply), F's testimony of witness of the first instance court, and the purport of the whole pleadings

2. relating to the claim for refund of the unpaid lease deposit.