1. The Defendant’s KRW 40,215,981 as well as the Plaintiff’s annual rate from October 23, 2018 to November 7, 2018.

1. Facts of recognition;

A. On September 12, 2015, the Plaintiff entered into a lease agreement with the Defendant, setting the lease period from October 1, 2015 to September 30, 2017, the deposit amount of KRW 53 million (hereinafter “instant lease agreement”) and paid the Defendant deposit amount of KRW 53 million.

B. On June 7, 2017, the Plaintiff expressed to the Defendant the intent to refuse to renew the instant lease agreement, and delivered the instant real estate to the Defendant on September 30, 2017, which was the expiration date of the lease term.

C. The Defendant paid to the Plaintiff each amount indicated in the “amount of repayment” column in the calculation sheet of the amount appropriated for the attached Form to the Plaintiff on each day.

[Ground for Recognition: Facts without dispute, Gap 1-4, 6, 8, 10, 12]

2. According to the above findings of determination, the instant lease agreement was terminated on September 30, 2017, which was the expiration date of the lease term, and the Plaintiff delivered the instant real estate to the Defendant on the said date, and the Defendant is obligated to pay to the Plaintiff the deposit amount of KRW 53 million and damages for delay at an annual interest rate of KRW 50 million as prescribed by the Civil Act from October 1, 2017.

However, as indicated in the calculation table of appropriation amount, the Defendant paid the Plaintiff a total of KRW 15,50,000,000,000,000 to the Plaintiff. Accordingly, in accordance with Article 479(1) of the Civil Act, if the Defendant appropriated the payment in the order of interest and the principal, the principal of the deposit will remain as indicated in the calculation table of appropriation

Therefore, the Defendant is obligated to pay to the Plaintiff 40,215,981 won in balance of deposit and damages for delay calculated at the rate of 5% per annum under the Civil Act from October 23, 2018, which is the date following the last repayment date, to November 7, 2018, which is the date of this decision, to the date of this decision, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date of full payment from the following day to the date of full payment.

3. The plaintiff's claim for conclusion is accepted above.