1. The Plaintiff (Counterclaim Defendant) paid KRW 4,918,937 to the Defendant (Counterclaim Plaintiff) and its related amount from September 12, 2014 to December 17, 2014.

1. On June 17, 2013, the Plaintiff sought from the Defendant for the payment of KRW 45,178,000,00 which was not returned to the Defendant during the lease deposit, KRW 98,00,000,000,000,000 for the lease deposit, KRW 98,000,000 for the rent, from June 17, 2013 to June 16, 2015 (hereinafter “instant lease contract”). The Plaintiff paid the said lease deposit, and on October 15, 2013, the Plaintiff agreed to return the lease deposit if the Plaintiff returned the lease deposit to the original state and the Defendant returned the lease deposit, and the Plaintiff failed to return the lease deposit, and the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the lease contract was terminated with the agreement between the Plaintiff and the Defendant.

Rather, as seen in the determination on the following counterclaims, the instant lease contract was terminated by the Defendant notifying the Plaintiff of his intention to terminate the instant lease agreement on March 5, 2014.

Accordingly, the Plaintiff is entitled to receive KRW 98,00,000,000 for lease deposit. Meanwhile, the Plaintiff’s principal claim is without merit, on the ground that the Plaintiff’s deduction of KRW 102,918,937,00 for the sum of KRW 7,546,00 for overdue charge up to February 2, 2014 among the rent under the instant lease agreement, KRW 17,658,937 for overdue charge out of management expenses, and KRW 9,80,000 for penalty under Article 8(2) of the instant lease agreement does not have a security deposit to be refunded from the Defendant.

2. According to the reasoning of the evidence Nos. 1 through 7 and the purport of the entire pleadings, the Defendant entered into an agreement with the Plaintiff to revert 10% of the lease deposit to the Defendant with penalty if the contract is terminated due to a cause attributable to which the Plaintiff is delinquent for not less than 2 months, etc. when concluding the instant lease agreement with the Plaintiff. The Defendant terminated the instant lease agreement to the Plaintiff on March 3, 2014.