1. Of the judgment of the court of first instance, KRW 1,025,930 against the Plaintiff and its related amount from March 18, 2016 to April 4, 2017.

1. Facts of recognition;

A. On August 30, 2012, the Plaintiff leased C Apartment 105, 203 (hereinafter “instant apartment”) from the Defendant with the lease deposit of KRW 10,000,000, monthly rent of KRW 250,000, and the lease term of KRW 250,000 from September 25, 2012 to September 24, 2014 (hereinafter “instant lease contract”), and paid the said lease deposit to the Defendant.

B. However, the Plaintiff moved to another place on June 30, 2014, and the Defendant returned KRW 8,000,000 to the Plaintiff on September 23, 2014.

C. Meanwhile, the Plaintiff paid 100,000 won of the long-term repair appropriations for the instant apartment on behalf of the Defendant. At present, the Plaintiff moved in the instant apartment in by a new tenant and used the said apartment as at the time of leaving the said apartment.

【Facts without dispute over the grounds for recognition, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the instant lease agreement was terminated on September 24, 2014, and the Plaintiff delivered the instant apartment to the Defendant. As such, the Defendant is obliged to pay to the Plaintiff the remainder of KRW 2,000,000 out of the lease deposit (=10,000,000 - 8,000,000), the long-term repair appropriations total of KRW 100,000,000, and delay damages thereon.

3. Judgment on the defendant's defense, etc.

A. The deposit received from the lease of real estate in relevant legal doctrine guarantees all the lessee’s obligations arising out of the lease, including rent and liability for damages arising from the destruction, damage, etc. of an object. The amount equivalent to such secured obligation is naturally deducted from the deposit without a separate declaration of intention, unless special circumstances exist to the return of the object after the termination of the lease relationship (see, e.g., Supreme Court Decision 2015Da23020, Jul. 27, 2016).

The defendant, who has the right of mutual aid, such as rent, etc., shall pay the remainder of the lease deposit 2,00.