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. The following facts do not conflict between the Parties:

On July 11, 2011, the Plaintiff concluded the instant lease agreement with the Defendant, setting the deposit amount of KRW 7,000,000, monthly rent of KRW 350,000, and the term of lease from July 16, 201 to July 16, 2012 (hereinafter “instant lease agreement”), and paid all the deposit money around that time.

B. On September 13, 2015, the Plaintiff expressed his/her intent to terminate the instant lease agreement, among the implied renewal of the instant lease agreement, and delivered studio at the time.

2. The parties' assertion

A. Since the contract of this case was terminated, the Defendant is obligated to pay the Plaintiff the remaining 2,100,000 won after deducting the overdue rent from the unclaimed lease deposit and the delay damages thereon.

B. The Plaintiff did not pay the Defendant the rent of KRW 4,195,00 and the electricity fee of KRW 257,520.

If both the lease deposit and the unpaid rent and the electricity fee are deducted from the lease deposit 7,000,000 won, the unpaid lease deposit to be refunded by the Defendant is only 442,480 won (=2,105,000 won - the unpaid lease deposit - the unpaid rent 4,195,000 won - the unpaid electricity fee 257,520 won).

3. Determination

A. According to the fact that the obligation to return a lease deposit arises, the instant lease agreement is deemed to have been terminated on December 13, 2015 by the Plaintiff’s intention of cancellation on September 13, 2015, after the lease term is deemed to be two years (Article 4(1) of the Housing Lease Protection Act).

(A) The Defendant is not obligated to pay the unpaid rent, etc. from the lease deposit received from the Plaintiff. Therefore, the Defendant remains after deducting the unpaid rent, etc. from the Plaintiff.