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. Facts of recognition;

A. On November 1, 2006, the Plaintiff leased land B and a factory building on land owned by the Defendant (hereinafter “instant land and building”) located in Gyeongsung-gun, Chungcheongnam-gun (hereinafter “Seoul-gun”) with the lease deposit of KRW 100,000,00,000, monthly rent of KRW 10,500,000, and the period from November 1, 2006 to October 30, 201.

(hereinafter referred to as the “instant lease contract”) B.

After that end, the Plaintiff delivered the instant land and building to the Defendant on December 30, 201, upon the expiration of the instant lease agreement.

C. Meanwhile, the sum of the rent or unjust enrichment equivalent to the rent that the Plaintiff did not pay to the Defendant at the time of delivery of the instant land and building is KRW 42,00,000.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the remaining lease deposit amount of KRW 58,000,000,000, after deducting the unpaid rent from KRW 100,000 to KRW 42,00,000 from the above lease deposit to the above time of delivery, and damages for delay.

B. The Defendant’s assertion on the claim that the amount of damages equivalent to the cost of restoration should be determined first of all, the Defendant asserts that ① outside floor of the factory, cover 9,639,653 won due to the Plaintiff’s nonperformance of duty to restore to its original state, ② outside wall of the factory, wall of the entrance, wall of the entrance, fence, fence repair cost, ② 9,723,224 won, ③ office outer wall, the heating system, ceiling, ceiling, interior, windows, windows, windows repair cost, KRW 1,712,287, ④ office outer wall, changeer, passenger voting, clock, refluor, refluor, roof repair cost, KRW 2,487,415, ⑤ underground water collectionter, outside toilet, external wall, external wall, soundproof wall, electrical part, entrance, wall repair cost, KRW 13,267,915, KRW 3830,494 should be refunded from the lease deposit to its original state.

(b) The lease contract is terminated.