1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. On February 10, 2012, the Plaintiff leased from the Defendant the “1, 2,000,000,000 won for the term of lease from February 13, 2012, for the period of 36 months from February 13, 2012, the lease deposit amount of 30,000,000, monthly rent of KRW 2,000 (payment on the 13th day of each month). Around that time, the Plaintiff paid the Defendant deposit of KRW 30,00,000.

B. The Plaintiff is operating a malicious store in the instant commercial building.

On February 12, 2015, the Defendant notified the Defendant of his/her intention to refuse the renewal of the lease contract, and the instant commercial building was delivered to the Defendant by returning it to the original state at the time of its initial lease upon termination of the business on February 12, 2016.

C. The Plaintiff did not pay the Defendant the monthly and February of January 2016, and did not pay the electricity fee of KRW 94,450.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the lease contract between the original defendant is terminated at the expiration of the term, the defendant is obligated to pay to the plaintiff 25,905,50 won (=30,000,000-2,000-2,000,000-94,450 won) in the balance of the lease deposit after deducting the rent in arrears and the fee for electricity use from the date following the delivery of the copy of the complaint in this case, and damages for delay by 15% per annum from May 11, 2016 to the date of full payment.

3. Judgment on the defendant's assertion

A. As to the Defendant’s assertion, the Defendant succeeded to the duty of restitution on the part that the former lessee remodeled at the time when the Plaintiff leased the commercial building of this case, the Plaintiff entered into an electric utility use contract with the Defendant to remove rooftop facilities, remove the floor threshold and process of waterproof, install the main pipe of outer walls, repair of stairs and windows on the second floor, remove unnecessary columns, remove waste disposal of the first floor, entrance fees, etc., and recover costs of restitution from the time of restitution to the time of restitution.