1. The judgment of the first instance, including the claim of the Plaintiff (Appointed Party) that has been reduced in the trial, shall be modified as follows:

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff (appointed party) added the judgment as stated in the following Paragraph 2 to the matters for which the plaintiff (appointed party) has repeatedly claimed or additionally claimed, and therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on addition

A. The plaintiffs asserted that the plaintiff (appointed party) paid one million won out of the deposit of 2 million won under the lease agreement of this case to the defendant on the date of the contract, and thereafter, the remaining one million won was intended to be paid to the defendant. However, the defendant did not pay it to the defendant on the wind that caused damage without opening the door of the store of this case.

Therefore, the defendant is liable to compensate the plaintiffs for the failure to comply with the duty to deliver the store of this case.

B. The lessee’s obligation to pay deposit and the lessor’s obligation to pay the object of the lease contract, which is a judgment bilateral contract, are concurrently performed unless otherwise agreed.

Therefore, even if the period during which the object is the object of the lessor has arrived, the lessor does not assume any responsibility for delay of performance until the lessee provides performance in accordance with the substance of the obligation to pay the deposit (see, e.g., Supreme Court Decision 2001Da3764, Jul. 10, 2001). In the context of the obligation to pay the deposit, “providing performance in accordance with the substance of the obligation” refers to providing the whole deposit amount to the lessor in reality, barring any special circumstance, such as the lessor’s refusal to receive the deposit in advance, and allowing the lessor to receive it immediately. Even if the lessor refused to receive the deposit in advance, the lessee shall complete the preparation to perform the obligation in reality, and notify the lessor of the fact and demand the receipt thereof.