1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The Plaintiff paid the Defendant the down payment amount of KRW 500,000 on October 20, 201 to the Dong-gu Daejeon and KRW 102 (hereinafter “instant building”) on the same day as the deposit amount of KRW 5 million, monthly rent of KRW 250,000 (payment on July 15, 201), and the lease period of KRW 50,000 on November 15, 201 to November 14, 201 (hereinafter “instant lease contract”), and the deposit of KRW 4.5 million on November 15, 201. The instant lease contract was terminated on November 14, 201, but the Plaintiff notified the Defendant of the termination of the contract on July 5, 2014 after implied renewal, and the Plaintiff did not possess the entire organization of the instant building or is recognized as a dispute over the purport of expulsion from the present building as a whole.

According to the above facts, the instant lease contract was terminated on October 5, 2014 after three months from the termination of the Plaintiff’s contract. Thus, the Defendant is obligated to return the deposit of the instant lease contract to the Plaintiff, barring special circumstances.

Meanwhile, the Plaintiff also sought payment of damages for delay corresponding to each of the above amounts. However, as seen later, since the obligation to specify the leased object and the obligation to return the deposit at the time of termination of the lease contract are concurrently performed, the Plaintiff has no assertion or proof as to the delayed performance of the obligation to return the leased object by providing the Defendant with the obligation to return the leased object, and thus, there is no reason for the claim for damages for delay.

2. Judgment as to the defendant's defense of mutual aid

A. The defendant defense that the plaintiff should deduct the overdue rent from the lease deposit to be returned by the defendant by the end of the lease contract. Thus, the duty to return the lease deposit is the overdue rent which occurred until the return of the object is returned when the lease relationship terminates.