1. The Defendant’s KRW 7,450,00 and the Plaintiff’s annual rate of KRW 5% from December 2, 2014 to May 7, 2015, and the following.

1. Basic facts

A. On August 16, 2011, the Plaintiff leased all the second floor among the real estate listed in the separate sheet (hereinafter “instant building”) from the Defendant, with a deposit of KRW 25 million, monthly rent of KRW 650,000 (pre-paid payment from September 30, 201) and the period from October 1, 201 to September 30, 2015 (hereinafter “instant lease agreement”), and paid a deposit of KRW 25 million to the Defendant on that day.

B. The Plaintiff operated dental business from October 1, 201 to April 2013 on the instant building.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that there were defects, such as toilet malodor, piping wave, and mycoi in the instant building.

The defendant did not resolve such problem at the plaintiff's request.

Therefore, the instant lease contract was terminated as a breach of the Defendant’s duty of repair.

Therefore, the Defendant is obligated to return to the Plaintiff KRW 10 million out of the deposit for lease of this case 25 million.

B. There is no error in the Plaintiff’s assertion on the instant building.

Rather, as the Defendant did not pay the rent from March 2012, and did not pay the rent for more than two years, the instant lease contract is terminated by serving a copy of the instant reply.

The defendant shall pay to the plaintiff the remaining money after deducting the unpaid rent from the lease deposit of this case.

3. Determination

A. Inasmuch as there is no evidence to prove that there was a defect alleged by the Plaintiff in the instant building that caused the Defendant to return the lease deposit, the instant lease cannot be deemed to have been terminated as the Defendant’s breach of the repair obligation.

However, the defendant asserts that the lease contract of this case is terminated on the ground that the payment of rent of more than two times is in arrears.

The plaintiff pays the rent to the defendant by July 30, 2012 (the month of August 2012) and thereafter is the difference.