1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. The plaintiff claimed the return of the lease deposit amount of KRW 15 million on the ground that the lease contract with the defendant has been terminated. The defendant asserted that the plaintiff's overdue loan of KRW 11.4 million is deducted from the plaintiff's obligation to restore the lease deposit of KRW 40.8 million. The court of first instance recognized the defendant's obligation to refund the lease deposit of KRW 15 million to the defendant. The defendant accepted only the claim for the overdue loan of KRW 11.4 million among the defendant's grounds for the deduction, and ordered the defendant to pay the remainder of KRW 3.6 million and its delay damages.

Since only the defendant appealed, the scope of this Court's judgment is limited to whether the defendant's obligation to return the remaining lease deposit has ceased to exist due to the grounds for appeal.

2. Facts of recognition;

A. On November 6, 1992, the Defendant completed the registration of initial ownership relating to the building C and D ground (hereinafter “instant building”).

Although the first use of the total area of 218.22 square meters on the second floor of the instant building was an office, on April 23, 1997, 89.06 square meters among 218.22 square meters on the second floor of the said building was changed to a house, and the remaining 129.16 square meters into an office.

B. 1) On December 15, 2002, the Plaintiff entered into the instant one lease contract with the Defendant, as part of the second floor of the instant building used as Pianno Private Teaching Institutes (hereinafter “instant office part”).

) A contract that sets forth and leases B as KRW 10 million (including management expenses) and KRW 450,000 per month (including KRW 10,000,000) (hereinafter referred to as “instant one lease contract”).

A) Around that time, the Plaintiff concluded a private teaching institute with the trade name “E” in the above building. 2) The Plaintiff acquired the partitions and play facilities installed by the former lessee F in the instant office, and directly paid F the lease deposit amounting to KRW 10 million and the facility cost of the instant one contract to F under the Defendant’s understanding.

(c).