임대차보증금
1. The Defendant shall pay to the Plaintiff KRW 70,00,000 as well as 15% per annum from June 9, 2017 to the day of full payment.
1. The Plaintiff: (a) on March 5, 2015, leased a building 403 on the ground of the Plaintiff’s claim from the Defendant for a lease deposit of KRW 70 million; (b) on March 28, 2015, the rent of KRW 50,000,000 from March 27, 2015 to March 27, 2017; and (c) on the ground that the Plaintiff paid the lease deposit of KRW 70,000,000 to the Defendant after delivery of the said building; and (d) on the ground that the lease period has expired on March 27, 2017, the Plaintiff handed over the said building to the Defendant and demanded the return of the lease deposit; (c) Nevertheless, the Defendant’s failure to refund the said lease deposit to the Plaintiff until now does not conflict between the parties, or is recognized by comprehensively taking into account the overall purport
According to the above facts, the lease contract entered into between the Plaintiff and the Defendant is terminated on March 27, 2017, and the Defendant, barring any special circumstance, barring any special circumstance, is obligated to pay to the Plaintiff the lease deposit of KRW 70 million and damages for delay calculated at the rate of 15% per annum from June 9, 2017 to the day of full payment, which is the day following the delivery date of the complaint filed by the Plaintiff.
2. The Defendant asserts that the lease contract between the Plaintiff and the Defendant was renewed under the same conditions as the former lease because the Plaintiff did not notify the Defendant of the rejection of renewal one month prior to the expiration of the lease term, and accordingly, the lease contract between the Plaintiff and the Defendant was terminated on September 8, 2017, which was the date on which the Plaintiff notified the Defendant of the termination of the said lease contract which was renewed, was terminated by the Plaintiff’s declaration of termination, and thus, the lease contract should be deducted from the lease deposit sought by the Plaintiff, as it was terminated by the Plaintiff’s declaration of termination.
However, in full view of all the arguments, including the evidence submitted by the Plaintiff, the Plaintiff was on March 27, 2017, the expiration date of the lease term.