The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

The security deposit received from the lease of real estate guarantees all the obligations of the lessee arising from the lease, such as the rent and the liability for damages incurred by destruction or damage of an object, and the amount equivalent to the secured obligation is naturally deducted from the security deposit without any separate declaration of intention, unless special circumstances exist, when the object is returned after the termination of the lease relationship (see Supreme Court Decision 9Da50729, Dec. 7, 199). Thus, even if the security deposit is transferred from the lease contract to which the security deposit is received, the lessee may claim to deduct the amount equivalent to the overdue rent from the security deposit until the lease is terminated.

As to the Plaintiff’s claim for the rent of KRW 15 billion against the Defendant, who is the lessor of the instant store from C and D, the lessor of the instant store, and sought the payment of the rent of KRW 15 million in arrears against the Defendant, based on its stated reasoning, the lower court accepted the Defendant’s claim for mutual aid, and determined that KRW 100 million out of the rent of KRW 1.5 billion in arrears, which was deducted from the deposit until the Defendant returned the instant store, following the termination of the lease agreement on the instant store.

According to the above legal principles, the above determination by the court below is just, and there are no errors in the misapprehension of legal principles as to the consent and the legal nature of the lease deposit without reservation of objection in the interpretation and assignment of claims, or in violation of the principle of free evaluation of evidence in violation

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.