The defendant shall pay 40 million won to the plaintiff and shall be 5% per annum from August 20, 2019 to January 3, 2020 and from the next day.

1. Facts of recognition;

A. On March 12, 2012, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 40 million from the lease deposit, and from March 16, 2012 to March 15, 2014, the lease agreement with the Defendant to lease the former North C building and D (hereinafter “the instant loan”) which are residential buildings.

(No rent exists; hereinafter “instant lease contract”). B.

The Plaintiff paid KRW 40 million to the Defendant according to the instant lease agreement, and used the instant loan granted by the Defendant.

C. The Plaintiff continued to use the instant loan, and notified the Defendant of the termination of the instant lease agreement on February 11, 2019, and the said termination notice reached the Defendant around that time.

(hereinafter “instant termination notice”). D.

On August 19, 2019, the Plaintiff moved to a different place from the instant loan, and delivered the instant loan to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts finding as to the cause of claim, the instant lease agreement continued to be explicitly renewed pursuant to Article 6(1) of the Housing Lease Protection Act, and was lawfully terminated on May 11, 2019 after three months from the date of the instant termination notice.

(Article 6-2(1) and (2) of the Housing Lease Protection Act. Since the instant lease contract was terminated as above, the Defendant shall return the lease deposit to the Plaintiff pursuant to the instant lease contract.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the lease deposit amount of KRW 40 million under the instant lease agreement and damages for delay.

B. As to the defendant's assertion, the defendant does not notify the defendant of his refusal of renewal at the time of the lease agreement between six months and three months prior to the expiration of the lease term, the lease contract shall be renewed for two years.