1. The Defendant’s KRW 165,00,000 as well as 5% per annum from July 25, 2019 to August 11, 2019 to the Plaintiff.

1. On May 25, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 165,00,000, and the term of the lease from June 28, 2016 to June 27, 2018, with respect to the C Apartment D (hereinafter “instant apartment”).

The Plaintiff paid KRW 165,00,000 to the Defendant, and resided in the instant apartment upon delivery. On May 24, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement.

On July 24, 2018, the Plaintiff delivered the instant apartment to the Defendant.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, the purport of the whole pleadings

2. According to the above facts of recognition, the instant lease agreement was lawfully terminated upon the expiration of the period on June 27, 2018 by the Plaintiff’s notice of termination of the contract (Notice of Refusal of Renewal).

Therefore, the Defendant is obligated to pay to the Plaintiff the lease deposit of KRW 165,00,000 and damages for delay calculated by applying each of 5% per annum under the Civil Act from July 25, 2018 to August 11, 2019, which is the day following the day when the Plaintiff delivered the apartment of this case 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 day of full payment.

If a lessor is to be liable for the delay of the obligation to return the lease deposit, the lessee’s obligation to deliver the leased object in the simultaneous performance relationship with the lessor shall be fulfilled or provided.

On July 24, 2018, the date on which the Plaintiff fulfilled the obligation to deliver the apartment of this case to the Defendant. Thus, the date on which the obligation to return the lease deposit of the Defendant commences delayed performance is July 25, 2018, which is the day following the date on which the delivery is completed.

Therefore, the plaintiff's assertion claiming damages for delay on July 24, 2018 is without merit.

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