1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. On November 9, 2010, the Plaintiff entered into a lease contract with the Defendant on the condition that the lease deposit amount is KRW 30,000,000 and the lease term is 12 months from March 30, 2011 (hereinafter “instant contract”) and the lease deposit is paid to the Defendant on the condition that the Plaintiff returned the above lease deposit amount to the Defendant on or around January 5, 2012, the Plaintiff did not dispute between the parties.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 25,00,000 ( KRW 30,000,000 - KRW 5,000,000) calculated by deducting the Plaintiff’s 5,00,000 from the deposit 30,000,000 and damages for delay.

2. The defendant's assertion argues that since the co-defendant C and D in the first instance trial purchased the instant building from the defendant and they acquired the obligation to return the deposit to the plaintiff, the defendant does not bear the obligation to return the deposit to the plaintiff any longer.

In full view of the purport of the entire pleadings in each of the statements No. 5, No. 5, No. 3-1, and No. 2, it is recognized that D, the mother of C or C, purchased the instant building from the Defendant on January 10, 2012, KRW 120,000,00, and agreed to accept the obligation to return the deposit to the lessee of the instant building.

However, in the event that the purchaser of real estate takes over the obligation to return the lease deposit on the object of sale and the purchaser agrees to deduct the amount of the debt from the purchase price, such acquisition shall be deemed the performance acquisition rather than the exempted obligation, unless there are special circumstances, and in order to consider it as the obligation to assume the obligation as the exempted obligation, the creditor, i.e. the lessee

(See Supreme Court Decision 2008Da39663 Decided September 11, 2008). The above is the same.