1. Each appeal filed by the plaintiff and the defendant is dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

1...

1. Basic facts

A. On February 2, 2013, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the Yongsan-gu Seoul apartment 207, 1004 (hereinafter “instant building”) with the term of KRW 105,00,000, and the term of lease from March 21, 2013 to March 20, 2015 (hereinafter “instant lease agreement”).

B. On March 20, 2015, the Plaintiff paid interim management expenses and reserves for long-term repairs, and completed the transfer process, and removed from the instant building; however, the Defendant did not inform the Defendant of the full-time official password of the instant building on the ground that the deposit for lease is not returned.

C. The Defendant refused to return the lease deposit, while refusing to return the lease deposit by confirming the instant building first to the Plaintiff. On March 15, 2016, the Defendant returned only KRW 102,459,730, which deducts KRW 2,540,270 in terms of the cost of reinstatement, etc.

[Ground of recognition] Facts without dispute, Gap evidence 3 through 5, Eul evidence 3 through 5, 20, 21 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. On March 20, 2015, the Plaintiff asserted that the Plaintiff provided the Defendant with an obligation to deliver the instant building by settling accounts of interim management expenses, etc. on March 20, 2015 and informing the Defendant of them after leaving the instant building. As such, the Defendant provided KRW 11,880,821, total damages for delay on the lease deposit from the day following the date the Plaintiff provided the Plaintiff with an obligation to provide performance to the Plaintiff, to pay KRW 102,459,730, total damages for delay on the lease deposit to the date of repayment of KRW 11,880,821, out of the lease deposit until the date the payment order was partially refunded, and KRW 5% annual damages for delay on KRW 1,869,863, and from the day following the date of delivery of the above payment order until July 28, 2015, KRW 10,010,958, KRW 80,821,821.