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1. The Defendant shall pay to the Plaintiff KRW 36,837,00 and the interest rate of KRW 12% per annum from April 14, 2019 to the date of complete payment.
Reasons
1. Basic facts
A. (1) On July 1, 2016, the Plaintiff leased Jinju-si C Apartment D (hereinafter “instant apartment”) from the Defendant on each condition that the lease deposit is KRW 37.5 million, the rent is KRW 110,500, and the lease term is up to June 30, 2018.
(2) The Plaintiff transferred the lease deposit to the Defendant on the same day. At that time, the Plaintiff paid KRW 37.5 million to the Defendant.
B. (1) On May 17, 2018, the Plaintiff notified the Defendant of his intention not to renew the instant lease agreement.
(2) On September 11, 2018, the Plaintiff received the Housing Lease Registration Order (Jinwon District Court Jinwon District Court Decision 2018Kadan34) related to the instant apartment on September 11, 2018, and delivered the instant apartment to the Defendant on December 31, 2018.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 to 3, and whole purport of pleadings]
2. Determination on the cause of the claim
(a) Where a lessor fails to notify the lessee of the refusal of the renewal within a period from six months to one month before the expiration of the lease term, or to notify the lessee that he/she will not renew the lease without changing the contract terms, the lease shall be deemed to have been renewed under the same conditions as the former lease at the expiration of the lease term;
The same shall also apply where a lessee fails to notify one month before the lease term expires.
(2) In cases falling under paragraph (1), the term of lease shall be deemed two years.
Article 6-2 (Termination of Contracts in Cases of Implied Renewal) (1) In cases where a contract has been renewed pursuant to Article 6 (1), notwithstanding paragraph (2) of the same Article, the lessee may notify at any time the lessor of the termination of the contract.
(2) Termination under paragraph (1).