1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 25, 2010, the Plaintiff entered into a lease agreement with the Defendant to rent the entire amount of the ground accommodation and housing (hereinafter “the instant cartel”) in Busan East-gu, Busan with a deposit of KRW 50 million (one year to increase the deposit amount as KRW 100 million) and KRW 6 million in monthly rent, and paid KRW 50 million to the Defendant for the same month. On March 1, 2010, the Plaintiff received the instant cartel from the Defendant.

B. On March 1, 2012, the Plaintiff concluded a lease contract with the Defendant for the instant telecom with a deposit of KRW 100 million, monthly rent of KRW 6.5 million, and the lease term until October 30, 2013 (hereinafter “the lease of this case”). Around that time, the Plaintiff paid a deposit of KRW 50 million to the Defendant.

C. Around November 30, 2013, the Plaintiff delivered the instant Maurel to the Defendant, and the Defendant paid KRW 88,800,000 out of the instant lease deposit to the Plaintiff on December 1, 2013.

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

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid lease deposit of KRW 11,200,000 (=100,000,000 - KRW 88,800,000) and the delay damages therefor, unless there are special circumstances to the contrary.

B. In full view of the following facts, the Plaintiff should pay the Defendant a sum of KRW 13,773,874 as stated below in the following table, and if the above amount is deducted from KRW 11,20,000,00, the lease deposit that the Defendant should pay to the Plaintiff would not remain.

On October 2013, 201, 1, 190,050 of the water rate of 1,190,050 on November 201, 2013, 1,232,890 of the water rate of 1,232,890 of the electric utility rate of 1,232,890 on October 3, 2013, 319,110 5, 201. 53,820 of the electric utility rate of 53,820 on November 2013.