1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. According to the overall purport of evidence Nos. 1 through 4 of judgment as to the cause of the claim, the Plaintiff entered into a lease agreement with the Defendant husband, setting the lease deposit of KRW 150 million as to the building and land of Pyeongtaek-si D on January 5, 2007 and KRW 3 million as the monthly rent. The Plaintiff terminated the instant lease agreement on February 26, 2014 with the agreement with C, but did not receive refund of KRW 16.7 million out of the lease deposit, and C died on June 26, 2014, and the Defendant inherited the deceased.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 16.7 million won and to pay 5% per annum from February 26, 2014 to the delivery date of a copy of the complaint of this case from February 26, 2014 to the day of the delivery of a copy of the complaint of this case, and 15% per annum from the next day to the day of full payment under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

The Defendant asserted that, when the Plaintiff and C agreed on the lease agreement, the Plaintiff would bear KRW 16,70,000 as the cost of restitution, only the remainder of the lease deposit that C deducted from the above amount is returned, and thus, the lease deposit remains. However, the Defendant’s assertion is insufficient to recognize the above Defendant’s assertion solely with the statement in the evidence No. 3, and there is no other evidence

2. Thus, the plaintiff's claim is accepted within the above scope of recognition, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.