1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Basic facts

A. On April 2010, the Plaintiff entered into a lease agreement with the Defendant to lease the whole underground floor (hereinafter “instant underground floor”) among the buildings listed in the separate sheet (hereinafter “instant building”) with the term of KRW 5,000,000, annual rent of KRW 5,000,000, and the term of lease of KRW 3 years from July 1, 2010 to July 1, 2013 (hereinafter “the instant lease agreement”). Around that time, the Plaintiff paid a lease deposit and received the said underground floor from the Defendant.

Meanwhile, from July 1, 2012 to July 1, 2013, the Plaintiff paid 3,000,000 won in advance to the Defendant.

B. The underground floor of this case was a factory laboratory for about seven years, but no entrance was installed at the entrance, and it was necessary to repair the entrance stairs, etc., and since no electric facilities were installed, the Defendant refunded the amount of the lease deposit of this case to the Plaintiff, thereby allowing the Plaintiff to use it as the cost of installing the entrance, repair of the entrance stairs, electric facilities, etc.

After entering into the instant lease agreement, the Plaintiff completed the Rotterdam Corporation using wood and tinboards on the floor, wall, ceiling, etc. of the instant underground floor at its own expense (hereinafter referred to as the “the instant Rotterdam facility”) and used it as a music practice room without registering its business.

C. From July 1, 2012 to December 12, 2012, the Defendant constructed a construction project to extend a warehouse of 13.91 square meters on the first floor of the instant building. During that process, the Defendant was built to make the drainage channel of the floor flow toward the window of the instant underground floor, and did not block a transshipment system leading to the instant underground floor.

Meanwhile, around July 15, 2012, many of the instant underground floors have been flooded (hereinafter “the flood accident”) and the wall of the instant underground floors due to this occurrence.