1. The Defendant’s KRW 26,693,549 for the Plaintiff and KRW 5% per annum from September 1, 2016 to September 26, 2017.

1. On December 22, 2015, the Plaintiff leased a sports body management office (hereinafter “instant place of business”) among the third floor of the building in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, with a lease deposit of KRW 50 million, monthly rent of KRW 2.5 million, and the lease term of KRW 2 years (hereinafter “instant lease”), and the Defendant paid a lease deposit of KRW 50 million to the Defendant is not disputed between the parties.

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff had operated the instant place of business, but did not make profits, and thus requested the Defendant to terminate the instant lease agreement, and the Defendant agreed to return the deposit by April 30, 2016, at the latest, until April 30, 2016. Therefore, the Defendant is obligated to pay the Plaintiff the remaining deposit amount of KRW 45 million and delay damages, excluding the deposit amount of KRW 5 million returned on August 31, 2016.

B. The Defendant’s assertion that this case’s lease contract was terminated, and as such, the period did not expire, the Plaintiff’s assertion premised on the termination of the contract is without merit.

Even if the instant lease contract was terminated, the Plaintiff only paid only once, but did not pay it thereafter, so the amount of unpaid rent shall be deducted from the sum of unpaid rent of KRW 47.5 million.

3. Determination

A. Upon examining whether the instant lease agreement was terminated or not in addition to the purport of the argument as a whole in the evidence Nos. 3 through 7, the Plaintiff, upon entering into the instant lease agreement, demanded the Defendant to terminate the lease agreement and return the deposit money from March 2016, which did not yield profits, and the instant lease agreement provides that “it is impossible to return the deposit before the expiry of the contract and to return the deposit after the contract (the same conditions as the present contract) with the Defendant’s consent,” and the Defendant, on this basis, enter into a contract with the new lessee.