1. The appeal filed by the Counterclaim Plaintiff is dismissed.

2. The costs of appeal shall be borne by the Counterclaim Plaintiff.

Counterclaims, claims and.

1. The first instance court, within the scope of this Court’s adjudication, partly accepted the claim of the counterclaim Defendant (hereinafter “Defendant”) for the principal claim (delivery of leased object), partly accepted the part of the claim of the lease deposit return among the counterclaim claim of the counterclaim claim of the counterclaim claimant (hereinafter “Plaintiff”), and dismissed the part of the claim of return of the premium in the counterclaim claim.

The plaintiff appealed against the judgment of the court of first instance. At the court of first instance, the defendant withdrawn the principal suit on the ground that the above leased object was delivered, and the plaintiff consented thereto. The plaintiff withdrawn the part of the claim for return of the deposit for lease among the counterclaim claims, and the defendant consented thereto. Thus, the object of the judgment of this court is limited to the part concerning the plaintiff's claim for return of the deposit for lease among the part

2. Facts of recognition;

A. On November 9, 2015, the Plaintiff leased real estate listed in the separate sheet No. 1 (hereinafter “instant singing”) from the Defendant with the lease deposit of KRW 40 million, monthly rent of KRW 1.5 million, the lease term from November 9, 2015 to November 9, 2017 (hereinafter “instant lease agreement”); while taking over the instant singing room business operated by the Defendant, the Plaintiff paid KRW 85 million to the Defendant for facility costs and premiums (hereinafter “instant premium”).

B. As indicated in the [Attachment 2] Nos. 1 through 4, the Plaintiff, as between November 5, 2015 and November 10, 2015, paid to the Defendant a lease deposit of KRW 40 million and KRW 45 million out of the instant premium. As to the remaining premium of KRW 40 million, the Plaintiff maintained the name of the credit card device, and the Defendant was paid the credit card sales amount by maintaining the name of the Defendant until the credit card sales amount of KRW 40 million incurred while running the instant singing book until the Plaintiff reaches KRW 40 million.

C. By May 11, 2016, the Defendant received KRW 52,468,00 from the credit card payment due to the instant singing business, and then terminals for credit cards.