1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 6, 2011, the Plaintiff entered into a lease agreement with the Defendant on the whole second floor (hereinafter referred to as “instant commercial building”) on the business facilities of Seoul Gangnam-gu, C&D Domen’s Domen’s Domen’s Domen’s 6th floor (hereinafter referred to as “instant building”) and agreed that the lease deposit shall be KRW 60 million, monthly rent shall be KRW 600,000 (excluding value-added tax), and the lease period shall be from December 6, 201 to December 5, 2012. “Direct expenses (such as electricity, water supply, sewerage, sanitation, urban gas, and others)” separately from the management expenses shall be paid by the lessee by installing separate measuring instruments. In the event that the extension or renewal of the contract is not concluded by 30 days prior to the expiration of the lease period, the lease agreement shall be terminated automatically and the lessee shall specify the object without any condition.”

B. On December 6, 2011, the Defendant paid the said security deposit to the Plaintiff, and carried on the instant store’s business as D-singing practice room in its trade name, and did not pay monthly rent, electricity, and water rate from June 2013.

C. On August 9, 2013, Korea Financial Savings Bank, Inc., which is a collateral security right, issued a voluntary decision to commence auction as E in respect of the instant building.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 9, the purport of the whole pleadings (Evidence not interfered with recognition: Evidence No. 12)

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the Defendant did not pay 159,746,870 won, total of rent and electricity for 26 months from June 2013 to July 2015 (rent 6,00,000 x 26 months electricity, water rate of 3,746,870 won). Thus, even if the deposit is deducted, the Defendant is obligated to pay the Plaintiff the deposit amount (i.e., KRW 159,746,870 -60,000) and delay damages.

B. The defendant's assertion (1) The building of this case enters an auction and makes a large repair.