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1. The part concerning the claim for delay damages in the lawsuit of this case shall be dismissed.
2. The defendant shall enter the attached list from the plaintiff.
Reasons
1. Determination as to the cause of claim
A. Comprehensively taking account of the overall purport of the pleadings as to the claim for the return of lease deposit Nos. 1 through 3, and 6, the Plaintiff entered into a lease agreement with the Defendant on September 30, 201, stipulating that the lease deposit shall be KRW 300,00,000 for the lease deposit and the lease period shall be from November 30, 201 to November 29, 201 (hereinafter “instant lease agreement”). On November 30, 201, the Plaintiff paid KRW 300,000 for the Defendant on the lease deposit, and the Plaintiff, as the lessor, did not notify the Defendant of the refusal of renewal between six months before the expiry of the lease term and one month before the expiration of the lease term, without notifying the Defendant of the refusal of renewal by no later than one month prior to the expiration of the lease term, and the Plaintiff did not notify the Defendant of the refusal of renewal by no later than one month prior to the expiration of the lease term.
According to the above facts, it can be known that the lease contract of this case between the Plaintiff and the Defendant was implicitly renewed and its term of lease was extended until November 29, 2015. In such a case, the lessee may notify the lessor of the termination at any time and the lessor becomes effective three months after the date of receipt of the notification. As recognized earlier, the Plaintiff’s expression of intent to terminate the lease of this case reached the Defendant around April 29, 2015, and as such, the lease of this case was terminated on July 29, 2015 after three months thereafter.
Thus, the defendant is obliged to pay to the plaintiff KRW 300,000,000 under the lease agreement of this case simultaneously with the delivery of the real estate from the plaintiff.
B. The Plaintiff’s claim for future damages for delay is against the Defendant.