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. Facts of recognition;

A. On June 20, 2015, the Plaintiff leased from the Defendant the first floor shopping mall located in Daejeon-gu, Daejeon-gu (hereinafter “instant real estate”) with a deposit of KRW 30 million, monthly rent of KRW 1 million, and the lease period from August 10, 2015 to August 9, 2017.

(hereinafter “instant lease agreement”). B.

On July 2016, the Plaintiff retired from the Defendant after cancelling the instant lease agreement with the Defendant. At the time, the rent that the Plaintiff did not pay to the Defendant was KRW 4.6 million.

On the other hand, the Defendant paid KRW 24.7 million to the Plaintiff on August 4, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, since the lease contract of this case was terminated upon termination, the Defendant is obligated to pay to the Plaintiff the remaining deposit amount of KRW 700,000 (=the deposit of KRW 30 million - the unpaid deposit of KRW 4.6 million - the refunded deposit of KRW 24.7 million) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 6, 2016 to the day of full payment, as sought by the Plaintiff.

B. The defendant's assertion and judgment 1) The defendant's assertion that the plaintiff succeeded to the obligation to pay the installments for the ELD signboard which the plaintiff had installed on the real estate in this case and is obligated to pay the remaining installments of 1,50,000 won. Accordingly, the defendant must deduct the above 1,050,000 won from the lease deposit to be returned to the plaintiff, but only 24,770,000 won after deducting the above 7,000 won from the lease deposit which the plaintiff should be refunded to the plaintiff. Thus, the plaintiff's claim that the deposit to be refunded to the plaintiff is not remaining. 2) The plaintiff's claim that there is no deposit to be refunded to the plaintiff.