1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 4, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 20,000,000, and from February 9, 2010 to February 8, 2013 (from February 9, 2010 to September 8, 2013, the agreement on the premium contract entered into between the Defendant and the lease agreement with the Defendant (hereinafter “instant lease agreement”).

B. The Defendant paid KRW 20,000,000 to the Plaintiff around that time, and operated a window by receiving delivery of the instant store.

C. From February 9, 2010 to June 6, 2010, the Defendant was unable to operate the window, and around February 2015, the Plaintiff was unable to refund the lease deposit.

On May 6, 2015, the defendant filed a lawsuit against the plaintiff seeking the return of the lease deposit.

On November 11, 2015, this Court rendered a ruling that “the Plaintiff shall pay to the Defendant 20,000,000 won and interest thereon at the rate of 20% per annum from September 26, 2015 to September 30, 2015, and at the rate of 15% per annum from the next day to the day of full payment” (hereinafter “instant ruling”), which became final and conclusive on November 28, 2015.

(In the above case, the plaintiff has been served by public notice). [Ground of recognition] The plaintiff's absence of dispute, each entry of Gap 1, 3, Eul 1 and 2 (including each number), and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion asserts that, from 20,00,000 won of the lease deposit of this case, the Plaintiff is obligated to refund only KRW 7,856,670, which remains after deducting a sum of KRW 12,143,30 as follows, to the Defendant, compulsory execution based on the judgment of this case shall be dismissed.

1) The damages amounting to KRW 9,800,000, which was incurred as the instant store was not leased for 24.5 months after the termination of the instant lease contract period (i.e., the damages amounting to KRW 400.