A. On May 14, 201, the Plaintiff entered into a lease agreement with the Defendant on the registration deposit amounting to KRW 30,000,000, and the term of the lease (hereinafter “instant lease agreement”) with respect to the Yongsan-gu Seoul Metropolitan Government C Apartment D (hereinafter “instant building”) (hereinafter “instant lease agreement”) from June 11, 2011 to June 10, 2015, the Plaintiff would take over all rights to the E-care center operated in the instant building and would pay KRW 35,00,000 with the premium (hereinafter “the instant lease agreement”). Around that time, the Plaintiff issued the said lease deposit and the premium to the Defendant.

B. Since then, the Plaintiff and the Defendant extended the term of lease stipulated in the instant lease agreement up to June 9, 2020 on two occasions, but the agreement was terminated on July 2019. The Plaintiff delivered the instant building to the Defendant on October 26, 2019.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the claim for the return of lease deposit, since the lease contract of this case was terminated at the end of July 2019, the Defendant is obligated to pay to the Plaintiff the lease deposit amounting to KRW 30,000,000 and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from October 27, 2019 to April 3, 2020, the delivery date of a copy of the complaint of this case, from the day following the day when the Plaintiff delivered the building of this case to the Defendant.

B. The Plaintiff asserts that since the instant lease contract was terminated upon termination of agreement, the Defendant should return KRW 35,000,000 to the Plaintiff the premium paid pursuant to the premium contract of this case.

The payment of premiums, which is accompanied by the lease of a building for business purposes, shall be made.