1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.

1. Basic facts

A. C and the Defendant’s lease contract 1) around July 20, 2012, the term “a lease agreement is concluded between C and the Defendant, setting the first floor underground of the building in Gangdong-gu Seoul Metropolitan Government D (hereinafter “instant underground floor”) from the Defendant as the deposit amount of KRW 7 million, monthly rent of KRW 600,000 (including value-added tax) and the term of lease from July 30, 2012 to July 30, 2014” (hereinafter “previous lease agreement”).

2) C paid the above deposit to the Defendant, and operated the factory in the underground floor of this case.

B. The Plaintiff established around April 2013 and the actual operator of the Plaintiff is C.

C. The Plaintiff and the Defendant, on behalf of the Plaintiff, agreed on May 2013, that “A shall succeed to the status of C as the lessee under the previous lease agreement, including the lease deposit,” and on May 27, 2013, the Plaintiff and the Defendant, representing the Plaintiff, agreed on May 27, 2013 (hereinafter “instant lease agreement”) that “A lease the instant underground floor from the Defendant by setting the deposit amount of KRW 7 million, monthly rent of KRW 600,000 (excluding value-added tax), and the lease period from May 27, 2013 to May 27, 2014” (hereinafter “instant lease agreement”).

(2) The Plaintiff did not pay a lease deposit separately to the Defendant, and operated the factory in the underground floor of this case like the previous one.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Eul evidence 2-2, the purport of the whole pleadings

2. Judgment on the principal lawsuit and counterclaim

A. The instant lease agreement by the Plaintiff asserted by the parties was terminated on May 27, 2014 at the expiration of the period.

The Plaintiff requested the Defendant to return the deposit money before several months prior to the termination of the instant lease agreement, but the Defendant did not return the deposit money even after the termination of the instant lease agreement, and the Plaintiff was forced to use the instant underground floor and was also another building around August 27, 2014.