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. The reasons why the court should explain this part of the facts of recognition are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Assertion and determination

A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the remainder of the lease deposit agreed to pay KRW 34,00,000, and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from November 1, 201 to March 26, 2014, the delivery date of a copy of the complaint of this case, as claimed by the Plaintiff, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment, to the day of full payment.

B. As to the Defendant’s assertion and judgment 1, the Defendant has a relation between the Defendant’s duty to return the lease deposit and the Plaintiff’s duty to return the leased object simultaneously. However, the Plaintiff asserted that the Plaintiff is liable to pay only the remainder after deducting the amount equivalent to the rent from October 25, 201, which was actually returned by the Plaintiff, from the leased object, until October 25, 201, when the leased object had been returned to the Defendant on September 21, 201.

The duty to return the lease deposit of the Defendant and the duty to return the leased object of the Plaintiff are related to simultaneous performance. Thus, the Defendant may refuse to pay the lease deposit until the leased object of this case is delivered from the Plaintiff. According to the evidence No. 3, the Defendant, on September 21, 201, which is the expiration date of the lease contract of this case, objection to the Plaintiff on September 21, 201.