A. On July 1, 2019, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Defendant with respect to C Apartment D (hereinafter “instant apartment”) with respect to the lease deposit amounting to KRW 270 million, and from July 16, 2019 to July 15, 2021, the Plaintiff paid the lease deposit amounting to KRW 27 million on the same day.

B. Article 4 of the instant lease agreement provides that “If a lessee or a lessee has failed to fulfill the terms and conditions of this agreement, the other party may demand in writing the lessor or the lessee to make a written notification and cancel the contract. In addition, the other party may claim damages from the rescission of the contract against each other, and unless otherwise agreed, the other party shall be deemed as compensation for damages,” and the special agreement provides that “The lease building shall be deemed as the basis for compensation for damages, unless otherwise agreed, for the remainder of the maximum debt amount of the loan amount of the L/C in the L/C agreement in the lease building, and the total amount shall be cancelled at the time of settlement, and the lease contract amount of the former lessee (F) shall also be cancelled (Article 4).”

C. On July 16, 2019, the remainder of 200 million won, excluding the remainder of 200 million won scheduled to implement a loan for lease on a deposit basis, the date of the remainder of the instant lease agreement, was sent to the office of licensed real estate agents, and the Plaintiff entered the office of licensed real estate agents. However, even though a licensed real estate agent sent to the Defendant a mobile phone letter stating that “The Plaintiff may deposit the remainder into the Defendant’s account after obtaining confirmation of the intention to cancel the lease on a deposit basis and the cancellation of the lease registration,” it was only the Defendant’s reply to the purport that the Plaintiff should deposit the remainder. However, it did not appear that the Plaintiff provided performance related to the registration of the establishment of a mortgage and the cancellation of the lease registration, or visited

The plaintiff on June 27, 2019.