The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. On June 18, 2018, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 35,000,000, monthly rent of KRW 2,200,000, and the lease period from June 18, 2018 to June 17, 2019 (hereinafter “instant lease agreement”).

On June 18, 2019, the Defendant returned only the remainder of KRW 21,572,000,000, which remains after deducting the total of KRW 13,428,000 (hereinafter “the instant money”) for five months calculated by June 17, 2019, which is the expiration date of the instant lease agreement, from the lease deposit 35,00,000.

【Reasons for Recognition: Description of Evidence A No. 1 and the purport of the whole pleadings】

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion includes an agreement for early termination in the instant lease agreement. On October 18, 2018, the Plaintiff was a director of the instant real estate on January 7, 2019 after notifying the Defendant of the termination of the instant lease agreement. As such, the Defendant is not obliged to deduct the instant money from the lease deposit and pay it to the Plaintiff.

B. According to the judgment evidence No. 1, through Paragraph (7) of the special terms of the instant lease agreement, we decide to consult on whether to cancel the contract at least three to one month prior to the expiration date of the lease term.

It is recognized that "the content of the contract is included, but it is only deemed an agreement for the renewal of the contract following the expiration of the contract, and it is difficult to view it as an agreement for early termination, and there is no evidence to acknowledge that the plaintiff and the defendant concluded the early termination agreement

In addition, Article 10 (5) of the Commercial Building Lease Protection Act provides for the termination of a lessee under Article 10 (5) of the Commercial Building Lease Protection Act on the premise of implied renewal, so long as the lease term in this case is stipulated in the above basic facts, the Plaintiff shall be subject to the above provisions.