1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

1. Basic facts

A. The Plaintiff took out a loan from the government for the housing support for the low-income bracket and entered into a lease contract with the housing owner, and again leases it to the occupants and bears part of the lease deposit.

B. On September 20, 2010, the Plaintiff and the Defendant entered into a lease contract with the Defendant for KRW 80,000,000 (one of the KRW 13,50,000 among the buildings in this case) as to the lease deposit under subparagraph 02 of the Yeongdeungpo-gu Seoul Metropolitan Government Underground (hereinafter “instant building”) (hereinafter “instant lease contract”), from November 5, 2010 to November 4, 2012, the lease contract with the occupant C (hereinafter “instant lease contract”).

C. The instant lease agreement was explicitly renewed on November 2012, and terminated on November 4, 2014, and the expiration of the period of November 4, 2014, and the occupant C delivered the instant building to the Defendant around February 2, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence No. 1 and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, since the lease contract of this case was terminated upon the expiration of the period, the Defendant is obligated to pay to the Plaintiff the Plaintiff the amount of KRW 66,500,000 among the lease deposit, as well as the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from February 3, 2015 to August 4, 2015, the delivery day of the copy of the complaint of this case, which is the delivery day of the copy of the complaint of this case, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings

B. The defendant's assertion 1) The defendant asserts that since C did not perform its duty to restore the building of this case to its original state at the time of termination of the lease contract of this case, it is impossible to return the lease guarantee or at least the amount equivalent to the repair cost should be deducted before receiving the restoration from the plaintiff.