1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Basic facts

A. On July 16, 2012, the Defendant leased the Plaintiff’s land D’s housing (hereinafter “instant housing”) of Daejeon Jung-gu, Daejeon (hereinafter “instant housing”) by setting the lease period from August 15, 2012 to August 15, 2014.

(hereinafter “instant lease agreement”). Since then, the said lease agreement was explicitly renewed, and the Plaintiff and the Defendant agreed to extend the lease term by November 17, 2015 until November 17, 2017.

B. On November 17, 2017, when the lease term expires, the Plaintiff delivered the above house to the Defendant, and the Defendant remitted KRW 20 million to the Plaintiff as the refund of deposit.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings

2. Key issue: The Plaintiff asserts that the amount of the lease deposit and the payment of the lease deposit amount are KRW 25 million and paid the full amount of the lease deposit, and sought payment of KRW 5 million in the remainder of the lease deposit and damages for delay.

In this regard, the Defendant asserted that the deposit received from the Plaintiff was only KRW 20 million, and that the full amount was returned.

3. Determination

A. The instant lease agreement (A3, the Defendant’s assertion of forgery, but according to the testimony of the witness C of the first instance trial, the authenticity is recognized) states the following purport.

1) The lease deposit is KRW 25 million and the down payment is KRW 2 million. The intermediate payment is KRW 1.5 million and the intermediate payment is paid KRW 21.5 million on July 21, 2012 and the remainder 21.5 million on August 15, 2012. 2) Matters covered by the special agreement: The owner of the house newly provides the roof construction, drawing board, and electric remuneration.

B. The following circumstances are acknowledged in full view of the statements in Gap evidence Nos. 4 through 6, Gap evidence No. 8, and 9.

1) The Plaintiff wired C the total of KRW 2 million on July 16, 2012, and KRW 3.5 million on July 23, 2012.2) In relation to the instant housing, E, as to the roof improvement work on July 18, 2012, a receipt of KRW 1.1 million on the roof improvement work, and KRW 1.5 million on July 23, 2012, the receipt of KRW 1.5 million on the provincial sales work, and KRW G stock company on July 20, 2012.