1. The Defendant’s KRW 140,000,000 and its annual rate from May 1, 2020 to June 18, 2020, respectively, to the Plaintiff.

On October 14, 2016, the Plaintiff entered into a contract with the Defendant for the lease deposit of KRW 140 million and the lease deposit of KRW 140 million from October 29, 2016 to October 28, 2017 (hereinafter “instant lease contract”). The Plaintiff paid KRW 140 million as the lease deposit under the instant lease contract to the Defendant around that time. The instant lease contract was explicitly renewed between the Plaintiff and the Defendant, and the Plaintiff notified the Defendant of the termination of the instant lease contract on April 16, 2019, there is no dispute between the parties.

Therefore, the lease contract of this case was terminated on July 16, 2019, after three months from the date of the above notification pursuant to Article 6-2 (2) of the Housing Lease Protection Act due to the plaintiff's notice of termination. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 140 million won of the lease deposit of this case and 5% per annum under the Civil Act from May 1, 2020 to June 18, 2020, when the copy of the complaint of this case was delivered to the defendant, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. Judgment on the defendant's defense

A. The defendant at the simultaneous performance defense shall be the defense of simultaneous performance that the plaintiff cannot respond to his claim until the officetel of this case is delivered by the plaintiff.

On October 29, 2016, the Plaintiff did not have any dispute between the parties that the instant officetel was delivered to the Defendant under the instant lease agreement. However, in full view of the purport of the entire pleadings in the statement No. 13, the Plaintiff can recognize the fact that the instant officetel was delivered to the Defendant on June 17, 2019, and thus, the Plaintiff is at the termination of the instant lease agreement.