1. The Defendant: 5% per annum from April 10, 2015 to May 18, 2015; and 5% per annum from May 19, 2015 to the Plaintiff.

1. Facts of recognition;

A. On March 18, 2015, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 400 million, monthly rent of KRW 14,00,000, and the lease term from April 8, 2015 to April 8, 2017, and paid KRW 40,000,000 on the date of the contract to the Defendant.

B. However, the Plaintiff and the Defendant agreed to terminate the said lease agreement on April 8, 2015, which is the date of the intermediate payment, and the Defendant agreed on the same day to refund KRW 39,500,000, out of KRW 40,000 received from the Plaintiff, to the Plaintiff by April 9, 2015 (hereinafter “instant agreement”).

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 39,500,000,00 which was agreed upon in accordance with the instant agreement, and the damages for delay calculated at each rate of 15% per annum as prescribed by the Civil Act from April 10, 2015 to May 18, 2015 on the record that it is evident that the copy of the instant complaint was served on the Defendant from April 10, 2015, which was the day following the date of repayment to the Defendant, to the day of delivery of the copy of the complaint to the Defendant, and 20% per annum as prescribed by the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 19, 2015 to September 30, 2015. The Plaintiff’s claim for damages in excess of this is without merit.

3. The plaintiff's claim for conclusion is accepted within the extent of the above recognition, and the remaining claims are dismissed as they are without merit.