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

1. Determination as to the cause of claim

A. Inasmuch as a lessee’s obligation to specify the leased object and a lessor’s obligation to return the deposit has a relationship of simultaneous performance, in order to recognize a lessor’s obligation to extinguish a lessor’s simultaneous performance defense and to hold a repayment of the deposit liable, the lessee is required to provide the lessor with an explanation of the name of the leased object. In the event that the lessee did not notify the lessor of the fact while leaving the leased object, it cannot be deemed that there was a provision of performance of the explanation

B. (See Supreme Court Decision 2001Da77697 delivered on February 26, 2002).

The following facts may be acknowledged according to the dispute between the parties, or according to Gap's evidence Nos. 1, 2, 5 through 13, Eul's evidence Nos. 6, the fact inquiry results to the apartment management office of the party, and the purport of the whole pleadings.

1) On January 17, 2012, the Plaintiff from the Defendant, the Gyeyang-gu Incheon Gyeyang-gu Seoul 102 Dong 204 (hereinafter “instant apartment”).

(C) A lease agreement which sets the lease deposit amount of KRW 120 million from January 30, 2012 to January 30, 2014 (hereinafter “instant lease agreement”) and leases the lease deposit amount of KRW 120 million (hereinafter “instant lease agreement”).

(2) On November 21, 2013, the Plaintiff notified the Defendant that he/she had no intent to renew the instant lease contract by content-certified mail.

3) On May 1, 2014, the Plaintiff moved out of the instant apartment, and was removed from the Incheon Gyeyang-gu D, 306 Dong 1103 on the same day, and filed a move-in report on May 2, 2014. 4) Meanwhile, on April 30, 2014, the Plaintiff settled management expenses at the apartment management office of the instant apartment, and notified the head of the management office of the instant apartment of the password, and entrusted the management of the instant apartment.

5. On July 25, 2014, the Plaintiff notified the Defendant, through the instant complaint, of the fact that the Plaintiff left the instant apartment on May 1, 2014, and unpaid.