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

1. Facts of recognition;

A. On September 22, 2014, the Plaintiff entered into a lease contract with the Defendant, setting the deposit amount of KRW 50,000,000, monthly rent of KRW 2,000,000, and the lease term of KRW 2,00,000 from October 25, 2014 to October 24, 2016.

Article 4 of the special terms and conditions of the above lease agreement provides that "The lessee shall check the location of the house in the presence of the lessor at the expiration of the contract, and shall receive the return of the repair cost after deducting the repair cost when it is damaged."

B. Under the above lease agreement, the Defendant paid 50,000,000 won to the Plaintiff, and resided in the instant apartment upon delivery from the Plaintiff, and on October 31, 2016, the date of return of the leased object was changed to October 31, 2016 upon the Defendant’s request.

The apartment of this case was removed from the apartment.

On the day of eviction, the Plaintiff visited the apartment of this case and inspected the condition of the apartment of this case, and returned the deposit to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 4 and 5 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the Defendant resided in the instant apartment and damaged the instant apartment to the extent that it is necessary to construct a bath room (part other than the water tank) construction, design construction, floor construction, the replacement of a shock network and a bath room, including a water tank replacement construction.

Therefore, pursuant to Article 4 of the above special agreement, the defendant is obligated to pay the repair cost of KRW 13,108,350 to the plaintiff and the delay damages therefor.

(b) Where damage occurs or a disability occurs to the leased object while the lease is in existence, the lessor shall be obligated to repair it;

However, it is so small that the lessee can easily raise the cost without any separate cost, and thus it interferes with the lessee's use and profit.