1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to pay below.

The plaintiff filed a claim for the refund of lease deposit and damages in the first instance court, and the first instance court dismissed the plaintiff's claim for damages and accepted the claim for refund of lease deposit.

Since only the defendant filed an appeal, the scope of this Court's judgment is limited to the plaintiff's claim for refund of deposit for lease and the defendant's counterclaim claim filed in the trial.

Basic Facts

On April 5, 2010, the Plaintiff entered into a lease agreement with the Defendant on approximately KRW 20,000,000, monthly rent of KRW 300,000 (Additional tax separately), and the lease term of KRW 300,000, monthly rent of KRW 300,000 (hereinafter “the lease agreement in this case”) with respect to the leased object in the direction of North Korea No. 101 of the first floor among the buildings indicated in the attached list with the Defendant (hereinafter “the leased object in this case”). At that time, the Plaintiff paid KRW 20,00,000 to the Defendant around that time, and received delivery from the Defendant of the leased object in this case.

The Plaintiff registered the business of the leased object of this case and used it as a real estate brokerage office.

Around April 29, 2014, while the Plaintiff continued to exist after implied renewal on the expiration date of the instant lease agreement, the Plaintiff sent to the Defendant a certificate that the instant lease agreement would be terminated. On July 5, 2014, the Defendant remitted KRW 17,556,320 to the Plaintiff as the refund of the lease deposit.

As the Plaintiff was unable to refund the remainder of the lease deposit from the Defendant, on August 7, 2014, the Daejeon District Court (2014Kadan1090) applied for a decision of acceptance on the registration order of the commercial building lease on the object of the lease of this case and completed the registration of the commercial building lease around August 14, 2014. The Defendant filed an objection against it with the Daejeon District Court (2014Kaga1257) but did not accept it.

As of the closing date of pleadings at the trial court, the defendant leases the leased object of this case to another person.

[Reasons for Recognition]