1.The judgment of the first instance shall be modified as follows:

The defendant shall provide real estate listed in the attached list from the plaintiff.

1. In the first instance court, the Plaintiff sought for the return of the lease deposit upon the termination of the lease contract: ① the amount equivalent to the goods damaged by the Defendant’s nonperformance of the repair obligation, ② the real estate intermediary fee, director’s expense, and myco removal expense; ② the damages for which the leased object is not used smoothly; ③ the court of first instance partially accepted the claim for the return of the lease deposit; and ③ the remainder of the claim was dismissed.

In response, the defendant only appealed against the claim for the return of the lease deposit, which is subject to the judgment of this court is limited to the claim for the return of the lease deposit accepted as above.

2. Basic facts

A. On October 21, 2015, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 10,000,000 (payment on November 8, 2015) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), and entered into between November 8, 2015 to November 8, 2017 with the term of the lease (hereinafter “instant lease agreement”), and received the instant real estate from the Defendant on November 8, 2015.

B. The Plaintiff and the Defendant agreed to terminate the instant lease agreement on February 25, 2016.

C. From March 9, 2016, the Plaintiff occupied and used the instant real estate without paying the rent to the Defendant as to the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 3 (including branch numbers, if any) and the purport of the whole pleadings

3. Determination on the claim for refund of deposit for lease

A. 1) The Plaintiff’s assertion 1) The instant lease agreement was concluded on February 25, 2016, and the Defendant shall return to the Plaintiff KRW 10,000,000 and delay damages.

B. The Plaintiff mycoa in the instant real estate.