A. In full view of the facts that there is no dispute between the parties, and the purport of the entire argument in the evidence Nos. 1 and 2, the Plaintiff entered into a lease agreement with the Defendant on September 6, 2016, setting the lease deposit amount of KRW 80 million from the Defendant to September 7, 2016, and the period from September 7, 2016 to September 7, 2018 (hereinafter “instant lease agreement”), and paid the above lease deposit to the Defendant. The Plaintiff asserted the termination or termination of the contract and demanded the return of the lease deposit by asserting the termination or termination of the contract from the time when the instant lease agreement is terminated, and the Plaintiff completed the lease registration on the leased real estate and delivered the said real estate to the Defendant on February 2019.

B. Therefore, the instant lease agreement was terminated at the latest on February 2019 by the Defendant’s notice of termination as the expiration of the contract term or the lessee, and thereafter, the leased real estate was returned to the Defendant. Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the deposit amounting to KRW 80 million and the damages for delay calculated at the annual rate of 12% per annum as prescribed by the Civil Act from April 8, 2019 to April 29, 2019, the duplicate of the complaint of this case was served on the Defendant, as the Plaintiff seeks from April 8, 2019 to April 29, 2019, and from the next day until May 31, 2019, the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).

C. As to this, the Defendant alleged that the instant lease contract was implicitly renewed, and thus, it cannot accept the Plaintiff’s claim for refund of deposit, but even if the said lease was renewed as alleged by the Defendant, the lessee shall at any time enter into the lessor.