1. The plaintiff (Counterclaim defendant)'s appeal against the principal lawsuit is dismissed.

2. A lawsuit is filed against the judgment of the court of first instance.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

From March 1, 2013, the Defendant: (a) opened an over-day store of part of the store located in Busan Dong-gu, Busan (hereinafter “D”); (b) opened a sales store of “D”; (c) had E receive monthly rent of KRW 3 million and sell over-day, etc. at the above store; (d) from March 1, 2015, the Defendant had the Plaintiff’s birth F sell over-day, etc. at the above store.

On June 5, 2015, the Defendant drafted a contract with the Plaintiff, setting the deposit amount of KRW 30 million, monthly rent of KRW 2.5 million, and the term of lease by February 28, 2016 (hereinafter “instant contract”). The Plaintiff paid the deposit to the Defendant around that time.

(c)

The store of this case was delivered to the defendant around May 31, 2017.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 2 (including branch numbers), and the plaintiff's ground of appeal as to the plaintiff's claim as to the purport of the entire pleadings, according to the above facts of recognition, the contract of this case terminated on May 31, 2017.

Therefore, the defendant is obligated to pay the deposit amount of KRW 30 million and delayed damages to the plaintiff, except in extenuating circumstances.

In a lease agreement with regard to Defendant’s defense, the deposit for lease is to secure the lessee’s all obligations arising from the lease until the time when the object is ordered to the lessor after the termination of the lease agreement. The amount equivalent to the secured obligation is naturally deducted from the deposit, barring any special circumstance, when the object is returned after the termination of the lease agreement. Thus, the lessor is obligated to return only the remainder after deducting the secured obligation from the deposit for lease (see, e.g., Supreme Court Decision 2005Da8323, 8330, Sept. 28, 2005). From March 2015 to May 2017, 2016.