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1. The Defendant’s KRW 5,00,000 as well as 5% per annum from August 15, 2019 to November 20, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. On July 4, 2013, the Defendant delegated C with all the purchase, sale, lease, and management of the building E (hereinafter “instant real estate”) owned by the Defendant.
B. On October 18, 2016, through C, the Defendant’s agent, the Plaintiff entered into a lease agreement with the Defendant to lease the instant real estate by setting the lease deposit amount of KRW 55 million, the lease term from November 10, 2016 to November 9, 2018 (hereinafter “instant lease agreement”), and thereafter, occupied and used the instant real estate after paying the lease deposit amount of KRW 55 million to C, the Defendant’s agent.
(c)
Upon the expiration of the term of the instant lease agreement, C, an agent of the Plaintiff and the Defendant, agreed to renew the instant lease agreement without setting a deadline.
Then, on May 6, 2019, the Plaintiff terminated the instant lease contract after the lapse of three months, and thus, the Plaintiff returned the lease deposit and notified the refund thereof at that time. On August 14, 2019, which was three months after the date of the instant real estate, and demanded the Defendant to return the lease deposit money, but the Defendant failed to return the lease deposit amount to the Plaintiff.
2. According to the above facts, the lease contract of this case which was renewed without setting a deadline was lawfully terminated by the notification of termination on May 6, 2019 of the Plaintiff, a lessee, at the time of termination on May 6, 2019
Therefore, the defendant is obligated to pay to the plaintiff the amount of 55 million won deposit of the lease of this case and the damages for delay from August 15, 2019, after the date of completion of delivery of the real estate of this case, to the plaintiff.
In regard to this, the defendant argued that C, a representative of the defendant, paid the deposit for lease without permission of the defendant, and the deposit for lease cannot be returned in accordance with the instant lease agreement.