1. The Defendant’s KRW 23,436,922 as well as 5% per annum from September 1, 2016 to July 21, 2017 to the Plaintiff.

1. Facts of recognition;

A. On October 23, 2006, the Plaintiff entered into a lease agreement with the Defendant on a deposit amounting to KRW 135,000,000, and the term of lease from December 1, 2006, with respect to the housing unit (hereinafter “instant apartment”) 901-dong 2402 (hereinafter “instant apartment”).

Since then, the Plaintiff and the Defendant renewed the above lease agreement and increased the deposit to KRW 150,00,000 on December 15, 2010. On November 18, 2013, the lease agreement of this case was changed to KRW 150,000,000, monthly rent of KRW 400,000 (payment on the 18th day of each month due to late payment), and the lease term of this case was finally changed to December 1, 2014, and finally, the lease of this case was renewed by changing the lease term to the end of December 16, 2014, KRW 150,000 (payment on the 18th day of each month due to late payment) and the lease term of this case by October 31, 2015.

(hereinafter “instant lease agreement”). B.

On October 23, 2006, the Plaintiff paid KRW 150,000,000 to the Defendant respectively, and paid KRW 125,000,000 on November 24, 2006, and KRW 15,000,000 on December 15, 2010, respectively.

C. The Plaintiff and the Defendant agreed to terminate the instant lease agreement upon the expiration of the lease term ( October 31, 2015) around August 2015.

The Plaintiff was a director of the instant apartment around September 2015, and around October 31, 2015, notified the Defendant and D Licensed Real Estate Agent Office E of the entrance password of the instant apartment, and the Defendant and E showed the instant apartment to the lessee since that time.

E. The Defendant paid KRW 100,000,000,000 on December 17, 2015, and KRW 28,180,00 on August 31, 2016, respectively, to the Plaintiff with the return of the instant lease deposit.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, 2, 5 through 7 (including each number; hereinafter the same shall apply), Eul's evidence 1 through 3, and 9, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff 1’s assertion by the parties is to return the instant lease deposit to the Plaintiff, as of December 17, 2015.