1. The Defendant’s KRW 63,33,640 and KRW 63,158,33 among the Plaintiff’s KRW 63,158,33 per annum from February 3, 2017 to March 8, 2019.

1. Basic facts

A. On November 23, 2012, the Plaintiff leased the member-gu Seoul Factory Site and its ground buildings (hereinafter “instant real estate”) from the Defendant on a deposit basis of KRW 82,500,000, monthly rent of KRW 5,500,000, monthly management fee of KRW 825,000, monthly management fee of KRW 825,00 (the rent and management fee of KRW 20,000 (the end of January for the rent and management fee) from January 20, 2013 to January 19, 2015.

(hereinafter “instant lease agreement”). (b)

The instant lease agreement contains the following: “In the event both parties do not express their intent at least three months prior to the expiration of the term of the lease agreement, it shall be deemed to be extended to the same condition as the instant lease agreement (Article 4)”; and “in the event that the contract is to be terminated during the term of the contract due to a single circumstance, at least three months prior to the lapse of the first two years (Article 5).”

C. The Plaintiff paid 82,500,000 won to the Defendant around that time, and occupied and used the instant real estate by being handed over from the Defendant.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1-3 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

A. The gist of the Plaintiff’s assertion 1) While the lease contract was extended pursuant to Article 4 of the instant lease contract, the Plaintiff declared to the Defendant on December 20, 2015, and delivered the instant real estate to the Plaintiff on January 11, 2016. Therefore, the instant lease contract was terminated on January 20, 2016, when one month from the date the Plaintiff declared to terminate the lease pursuant to Articles 639(1) and 635 of the Civil Act, which was one month from the date of the declaration of termination, pursuant to Articles 639(1) and 635 of the Civil Act. Accordingly, the Defendant shall return to the Plaintiff KRW 76,175,00, which deducted the sum of the rent and management expenses for the lease deposit amounting to KRW 6,325,00,000 from the lease deposit amounting to KRW 82,50,000. However, the Defendant returned to the Plaintiff on February 2, 2017.