Accordingly, on May 21, 2012, the Plaintiff paid the Defendant a deposit of KRW 20,000,000, and KRW 5,000,000 for the premium of June 20, 2012, respectively, and operated the restaurant business upon delivery of the instant building from the Defendant.

On May 21, 2014, the Plaintiff and the Defendant agreed to renew the above lease contract and to change monthly rent to KRW 350,000.

The Plaintiff paid a monthly rent by November 30, 2014, but did not pay a monthly rent thereafter. On March 2015, the Plaintiff terminated the above lease agreement and delivered the instant building to the Defendant.

[Grounds for recognition] Evidence Nos. 1, 1, 2, and 1, 2, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the facts of the recognition of the claim for the return of deposit, the said lease renewed without setting a period was terminated by March 2015.

Therefore, from 20,00,000 to 28, 2015, the Defendant ought to pay to the Plaintiff KRW 18,950,000, after deducting the aggregate of the overdue rent of KRW 1,050,000 (= KRW 350,000 x 3 months) from deposit money of KRW 20,000, and damages for delay.

(No evidence exists to acknowledge that the Plaintiff occupied and used the instant building even after March 1, 2015, the Defendant’s assertion that unjust enrichment equivalent to the rent for the said period should also be deducted is rejected). This part of the Plaintiff’s assertion is with merit within the scope of recognition.

B. The plaintiff asserts that the defendant should pay the above premium to the plaintiff, since the defendant agreed to return the premium of KRW 5,000,000 upon the termination of the above lease contract.

It is accompanied by the lease of a commercial building.