1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Summary of the party's assertion and its determination

A. (1) On March 2009, the Plaintiff leased from the Defendant the building located in Busan Jung-gu, Busan, which was owned by the Defendant as KRW 100,000,000, monthly rent of KRW 13,000 (which was raised as KRW 15,100,000 from around 2012).

(2) The above lease agreement is terminated on or around May 1, 2017, and the rent for the month that the Plaintiff returned to the Defendant on or around June 1, 2017 is a total of KRW 53,300,000, and accordingly, the Defendant is obligated to pay to the Plaintiff the remaining deposit amount of KRW 46,70,000 [= KRW 10,000,000 - KRW 53,300,000]; and damages for delay.

B. Since the lease deposit of the Defendant’s above lease contract is KRW 20,000,000, and the lease contract was terminated by settlement of the unpaid rent, etc., the Defendant does not have to pay the money to the Plaintiff as the deposit.

C. The key issue of this case is whether the deposit of the above lease contract was KRW 100,000,000, and whether the lessee paid the lessor the above KRW 100,000,000. The evidence submitted by the Plaintiff alone is insufficient to acknowledge the above facts in light of the respective descriptions of the evidence No. 1, and there is no clear evidence to prove otherwise.

2. The plaintiff's claim is dismissed.