A. On April 2, 2018, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) concluded between May 23, 2018 and May 22, 2020 with respect to the entire first floor of the multi-family house on the D ground (hereinafter “instant real estate”) located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Incheon Metropolitan City, with the lease deposit of KRW 200,000,000 and the lease term of KRW 200,000,000.

The Plaintiff paid KRW 200,000,000 to the Defendant by May 23, 2018, and received the instant real estate from the Defendant.

B. On March 23, 2020, the Plaintiff notified the Defendant of the absence of intent to renew the instant lease by content-certified mail, and the said content-certified mail sent to the Defendant.

C. The Plaintiff was a director of the instant real estate on June 6, 2020, and completed the resident registration transfer report on June 9, 2020.

The Defendant repaid to the Plaintiff KRW 50,00,000,000 on September 7, 2020, and KRW 20,000,000 on September 15, 2020, and KRW 130,000 on October 6, 2020, respectively.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4-6 evidence, Eul 6-9 evidence (including Serial number), the purport of the whole pleadings

2. Determination

A. According to the facts found, the instant lease agreement was terminated on May 22, 2020 after the expiration of the period.

In the absence of special circumstances, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 200,000,000 and the damages for delay from June 10, 2020 to the date of full payment after the delivery of the instant real estate.

(b) If the obligor is to pay expenses and interest of one or more obligations, and the person effecting performance has effected insufficient performance to satisfy the entire obligation, such performance shall be appropriated in the order of the expenses, the interest and the principal;

(Article 479(1) of the Civil Act provides that the order of appropriation under Article 479 of the Civil Act with respect to the payment of expenses, interest, and principal shall be stipulated as the order of appropriation under Article 479 of the Civil Act, and Article 476 of the Civil Act with respect to the payment of the designated appropriation is not applicable mutatis mutandis. Thus, the parties cannot

When an application for appropriation of obligation is made in accordance with Article 479 of the Civil Act.