1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

1. Basic facts

A. On May 2, 2011, the Plaintiff entered into a contract with the Defendant to lease the first floor of the land-based building C in Ulsan-gu, Ulsan-gu (hereinafter “instant store”) owned by the Defendant with the lease deposit of KRW 20 million, monthly rent of KRW 1.5 million, and the lease period from May 2, 2011 to May 2, 2016.

B. On May 10, 2012, the Plaintiff and the Defendant agreed to increase the lease deposit in KRW 40 million. Accordingly, the Plaintiff paid KRW 10 million to the Defendant on July 2, 2012, and the remainder KRW 10 million on February 28, 2014.

C. The above lease agreement between the Plaintiff and the Defendant was extended twice in accordance with the agreement between the parties or implied renewal (a total of the initial lease agreement and the extended lease agreement was collectively referred to as the “instant lease agreement”). On March 22, 2018, the Plaintiff expressed to the Defendant that he/she wishes to terminate the instant lease agreement.

On April 18, 2018, the Defendant returned to the Plaintiff KRW 22 million out of the lease deposit amount of KRW 40 million.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 and Eul evidence 2-2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant lease agreement terminated on March 31, 2018 under the agreement of the original Defendant. Accordingly, even though the Plaintiff delivered the instant store to the Defendant, the Defendant did not refund KRW 18 million out of the lease deposit amount up to the present date. Therefore, the Plaintiff seek against the Defendant for payment of the unpaid lease deposit amount of KRW 18 million and delay damages.

B. The Defendant did not have agreed to terminate the lease agreement with the Plaintiff on March 31, 2018.

Meanwhile, the Plaintiff did not pay the rent of KRW 1.5 million during the lease term, KRW 1.5 million, KRW 1.5 million, KRW 1.5 million on February 2012, KRW 1.5 million on February 2016, KRW 200,000 on May 2016, KRW 1.7 million on April 2018, and KRW 1.4 million on April 2018, and the Defendant did not pay the rent of KRW 149,830, and KRW 383,40 on electricity and sewerage charges.