A. On May 3, 2016, the Plaintiff entered into a contract with the Defendants to lease the Gangnam-gu Seoul Metropolitan Government D Building E (hereinafter “instant real estate”) (hereinafter “instant lease contract”) with the deposit for lease KRW 400,000,000, and the term of lease from May 4, 2016 to May 3, 2018 (hereinafter “instant lease contract”).

B. Around that time, the Plaintiff paid the Defendants KRW 400,000,000 as the lease deposit, and the Defendants delivered the instant real estate to the Plaintiff.

C. On March 2018, the Defendants demanded the Plaintiff to increase the lease deposit amount of KRW 40,000,000 in KRW 40,000. On March 29, 2018, the Plaintiff notified the Plaintiff that the instant lease contract should not be renewed.

On May 3, 2018, the Plaintiff delivered the instant real estate to the Defendants, but the Defendants did not immediately refund the deposit amount of KRW 400,000,000 to the Plaintiff.

E. Accordingly, the Plaintiff filed the instant lawsuit against the Defendants for the payment of KRW 400,000,000 and damages for delay thereof. On May 31, 2018, the Plaintiff deposited KRW 400,000 with the deposited person as the Plaintiff on May 31, 2018, which was after the instant lawsuit was filed by the Seoul Eastern District Court (Seoul District Court Decision 201767, May 31, 2018, and the Plaintiff reserved the objection on June 5, 2018, and subsequently received the said deposit, the Plaintiff modified the purport of the instant lawsuit and the grounds for the claim.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, 6, Eul evidence 1 (including branch numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion was scheduled to receive the refund of the lease deposit from the Defendants, but the Defendants received 414,000,000 won from F Co., Ltd. (hereinafter “F”) in order to inevitably raise the lease deposit for a new lease agreement by delaying the return of the lease deposit.