A. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1 and 4, the plaintiff and the defendant entered into a lease agreement (hereinafter referred to as the "lease Agreement") with respect to Yangsan-si C apartment D (hereinafter referred to as "the instant real estate") with a lease deposit of KRW 60 million, and the lease term from December 18, 2018 to December 17, 2020, and the plaintiff paid the above lease deposit of KRW 60 million to the defendant around December 2018, and the plaintiff was residing in the instant real estate. On November 22, 2018, the real estate of this case was subject to a collective security agreement setting up a maximum debt amount of KRW 60 million with the right to lease of this case set forth the lease deposit of this case at the time of the lease agreement, and the plaintiff and the defendant did not fully pay the lease deposit of this case to the plaintiff and the defendant upon the request of the plaintiff to withdraw the lease deposit of this case.

B. According to the above facts, since the Defendant did not cancel the registration of the establishment of the above neighboring mortgage even though the Defendant was fully paid the lease deposit from the Plaintiff, it can be seen that the instant lease contract was terminated by the Plaintiff’s declaration of intention of termination around April 2020 due to the Defendant’s nonperformance of obligation.

Therefore, the Defendant shall pay to the Plaintiff delay damages calculated at the rate of 12% per annum from May 5, 2020 to the day of full payment, as the Plaintiff seeks, the delivery date of a copy of the instant complaint, as the Plaintiff seeks.