1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. On November 30, 2010, the Plaintiff entered into a contract with the Defendant to lease the rental deposit amount of KRW 30,000,000,000, monthly rent of KRW 900,000, and the lease term of December 30, 2010 to December 29, 2012.

B. The Plaintiff paid KRW 30,000,000 to the Defendant as a lease deposit, and operated a private teaching institute upon delivery of the instant store.

C. On January 201, 2013, after the term of the above lease expires, the original Defendant entered into a lease agreement with KRW 30,000,000 per month of the lease deposit, and KRW 700,000 per month of the rent (hereinafter “instant lease agreement”). Since then, the instant lease agreement has been implicitly renewed.

Meanwhile, the Plaintiff continued to operate the instant store without paying rent from April 2016, and requested the Defendant to return the lease deposit after leaving the store around July 31, 2018.

Accordingly, the defendant rejected the above request on the ground that there is no money to be returned to the plaintiff when deducting the overdue rent from the lease deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated by the implied agreement of the original Defendant around July 31, 2018.

Therefore, the defendant is obligated to return the lease deposit to the plaintiff.

However, the Plaintiff is liable to pay to the Plaintiff the remainder of KRW 11,800,000 (=30,000,000 - 11,800,800,000) of the rent up to March 2016, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 18,20,000 (=30,000,000 - 11,80,000), and damages for delay.

3. Judgment on the defendant's defense

A. The gist of the defense and the judgment of the defendant are as follows: the plaintiff on August 2012.