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1. The Defendant’s KRW 75,00,000 and its amount shall be 15% per annum from February 15, 2019 to May 31, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 29, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 75,000,000 and the term of lease from December 30, 2016 to December 29, 2018 (hereinafter “instant lease agreement”) with regard to the Plaintiff’s D Apartment E (hereinafter “instant housing”) and paid KRW 75,000,000 to the Defendant.
B. On January 2018 and Nov. 201, 2018, the Plaintiff notified the Defendant’s employees of the contract to refund the lease deposit upon the expiration of the contract term, as the Plaintiff did not intend to renew the contract.
C. On December 28, 2018, the Plaintiff left the instant house and transferred the said house to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, the instant lease agreement is deemed terminated on December 29, 2018, and thus, the Defendant is obliged to pay the said lease deposit to the Plaintiff, barring any special circumstance.
B. The defendant's assertion asserts that since the defendant did not receive notification of termination from the plaintiff before the expiration of the lease contract of this case, the above lease contract was implicitly renewed and its contract term was extended until December 29, 2020.
On January 2018, the fact that the plaintiff clearly notified the defendant that he/she had no intention to renew the contract at least one month prior to the expiration date of the instant lease agreement is as seen earlier. Therefore, the prior defendant's above assertion on a different premise is without merit.
C. Accordingly, according to the theory of lawsuit, the Defendant’s transfer of the leased deposit KRW 75,00,000 to the Plaintiff and the Plaintiff’s delivery of the instant house to the Defendant, as sought by the Plaintiff, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 15, 2019 to May 31, 2019.