1. As to the Plaintiff’s KRW 203,369,860 and KRW 200,000 among them, the Defendant shall annually pay to the Plaintiff KRW 200,000 from June 12, 2018 to August 2, 2018.

1. Facts of recognition;

A. On August 6, 2015, the B and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the building 102, Dong 902, Dong 902 (hereinafter “instant building”) of Yeongdeungpo-gu, Young-gu (hereinafter “instant building”) with the lease deposit amount of KRW 200 million, and from August 10, 2015 to November 9, 2017, and B paid the deposit amount of KRW 200 million to the Defendant under the instant lease agreement, and resided in the instant building.

B. On August 6, 2015, the Plaintiff and B concluded a security insurance contract for lease deposit and credit (hereinafter “instant insurance contract”) with the content of the guarantee from August 10, 2015 to December 9, 2017, stating that “The lessor does not refund the lease deposit under the instant lease contract even if there was any cause for returning the lease deposit, and thereby, the lessee suffers loss (the lessor’s obligation to return the lease deposit).”

C. B, after the termination of the term of validity of the instant lease agreement, failed to receive KRW 200 million from the Defendant, the Defendant claimed for the payment of the insurance proceeds under the instant insurance contract on November 24, 2017. The Plaintiff paid KRW 200 million insurance proceeds to B on January 9, 2018, and the fixed delay damages for KRW 3,369,860 of the insurance proceeds paid until June 11, 2018 are KRW 3,369,860.

2. Determination

A. According to the above facts, the Defendant is obligated to refund the lease deposit to B upon the termination of the instant lease contract, and according to the insurance contract of this case, the Defendant paid KRW 200 million, which is equivalent to the lease deposit, to B, due to the failure to receive the refund from the Defendant upon the termination of the instant lease contract. Under the legal principles of subrogation by insurers under Article 682 of the Commercial Act, the Defendant shall pay the above lease deposit amount of KRW 200 million and its delay damages.