1.The judgment of the first instance shall be modified as follows:

The defendant is paid KRW 62,268,00 from the plaintiff.

1. Basic facts

A. On July 8, 2012, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff to lease the instant apartment from July 8, 2012 to July 7, 2014 (hereinafter “instant contract”). The Defendant is residing in the instant apartment from around that time.

The lease contract (hereinafter referred to as the "lease contract of this case") prepared at the time of the contract of this case is written in KRW 87,00,000, and the rent is not separately written.

B. From October 4, 2013 to February 5, 2015, the Defendant paid KRW 410,000 per month to the Plaintiff.

C. On May 15, 2015, the Plaintiff terminated the instant contract on the grounds that the Defendant and the Defendant’s husband C were not paid rent, and thus, sent a content-certified mail demanding the delivery of the instant apartment.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence No. 3 (including paper numbers), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. At the time of the instant contract, the Plaintiff and the Defendant made an oral agreement with KRW 78,00,000, and KRW 410,000 each month as to the lease deposit.

The Plaintiff, with the knowledge of the content of the lease agreement as above, has a seal affixed to the Defendant couple. However, the Defendant couple’s seal affixed the Plaintiff’s seal and confirmed the instant lease agreement that the Plaintiff changed to the Plaintiff. As such, unlike the above agreement, the Plaintiff stated that the lease deposit was KRW 87,00,000, and there was no difference between the Plaintiff and the Defendant couple.

Therefore, as the Plaintiff demanded the Defendant couple to re-establish the lease contract in accordance with the agreement, the Defendant couple demanded the Defendant couple to immediately return KRW 32,00,000 of the lease deposit for the existing tenant borne by the Defendant couple in smelling the existing tenant of the apartment of this case, and the Plaintiff newly prepares the lease contract including the return of KRW 7,00,000,000, among them.