1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Determination on the cause of the claim

A. Summary of the parties’ assertion 1) On May 26, 201, the Plaintiff indicated real estate indicated in the attachment (hereinafter “instant store”) to the Defendant on May 26, 2011.

30,000,000 won for lease deposit (hereinafter referred to as “instant lease agreement”)

(2) Although the Defendant, a lessee, agreed to restore the leased object to its original condition upon the expiration of the lease term, failed to perform the duty of restitution, the Plaintiff paid expenses for restitution in excess of the lease deposit. If the aforementioned expenses for restitution are deducted from the lease deposit, there is no obligation to return the lease deposit to the Defendant. (2) Since the Defendant, upon entering into the instant lease contract, agreed to exempt the Defendant from the duty of restitution instead of giving up the repayment of the premium of KRW 10 million paid to the Plaintiff and the beneficial expenses paid by the Defendant to improve the instant store, there is no reason for the Plaintiff’s claim on the premise that the Defendant exists the duty of restitution.

B. Determination 1 Generally, a lessee is obligated to restore the leased object to its original condition and return it to a lessor. Here, the term “recape to its original condition” means restoration of the leased object to its original condition by ordinary means of social norms, even if it falls short of the situation at the time when the use commences, it is unreasonable to return it as it is. The lessee does not have any reason attributable to the lessee with respect to the ordinary loss and wear and tear, which means the aggravation of the condition or the decrease in the value of the leased object arising after the ordinary use of the leased object.

However, such duty is to be restored solely on the basis that the lessee agrees not to claim the expenses for the facilities established for his/her own business.