1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On January 10, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 130,00,000 and the lease period of KRW 130,000 with respect to Kimpo-si apartment 706, 301 (hereinafter “instant apartment”) from February 10, 201 to February 9, 2014, the Plaintiff paid the said lease deposit to the Defendant and resided in the said apartment after delivery on the same day.

B. On January 11, 2014, the Plaintiff entered into a lease agreement with respect to the apartment located in the water source as set forth in the former lease deposit amount of KRW 250,000,000, the remaining payment date and the delivery date of the apartment located in the water source, respectively.

C. On January 13, 2014 and February 16, 2014, the Defendant obtained a certificate of the content of demanding the return of the deposit from the Plaintiff by February 9, 2014, which is the date of termination of the lease contract, and deposited KRW 130,000,000 of the deposit for the deposit with the Incheon District Court Decision No. 320, Feb. 7, 2014, which is two days before the termination of the lease contract.

Since then, when the date of the lease contract expires without receiving the deposit money, the Plaintiff applied for the order of lease registration for the instant apartment on February 13, 2014. The Defendant withdrawn the deposit money on February 22, 2014 and paid it to the Plaintiff on the same day, and received the instant apartment from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 4-1, Gap evidence 11, Eul evidence 1, Eul evidence 1, 3, and 4 (including partial numbers), and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted damages claim 1) since the Defendant returned 130,000,000 won of the deposit previously paid to the Plaintiff on February 22, 2014, which was after February 9, 2014, the contract termination date, to the Plaintiff, the Plaintiff. As such, the Plaintiff, the damage incurred by the Plaintiff, ① is the legal interest and delay damages equivalent to the amount of the deposit previously paid during the 12-day period during which the refund of the deposit was delayed (130,000,000 x 5% x 12-day ± 365 days, and ② the Defendant’s damages.