1. The Defendant paid KRW 39,173,34 to the Plaintiff KRW 5% per annum from November 9, 2016 to May 17, 2017.

On May 23, 2014, the Plaintiff leased all the second floor of the building on the ground C in Ulsan-gu, Ulsan-gu (hereinafter referred to as “instant leased building”) from the Defendant as deposit money of KRW 40 million, two years from May 23, 2014, and KRW 400,000 (payment on May 23, 2014) monthly rent of KRW 4 million from May 23, 2014.

(hereinafter “instant lease agreement”). On May 12, 2014, the Plaintiff paid the lease deposit amount of KRW 1 million, and KRW 39 million on May 23, 2014, respectively, and paid KRW 400,000 per month to the Defendant on the day of moving into the instant leased building.

[A] After that, on May 2016, the lease term has been extended by implied renewal of the original defendant.

In addition, on August 24, 2016, the Plaintiff sent the text messages stating that “I will request the real estate to the principal and the second floor at KRW 400,000 per month on the deposit amount of KRW 2 million” to the cell phone of the Defendant (the Defendant’s wife) on August 24, 2016 (the Plaintiff’s wife), and there is no data that I raised an objection from the Defendant’s side.

The above facts are neither disputed nor recognized to the purport of the whole pleadings, in addition to odic evidence.

Article 6-2 (1) of the Housing Lease Protection Act (in cases of implied renewal, termination of a contract) provides that "if a contract has been renewed pursuant to Article 6 (1), notwithstanding paragraph (2) of the same Article, a lessee may notify at any time the lessor of the termination of the contract," and Paragraph (2) of the same Article provides that "the termination under paragraph (1) shall take effect when three months elapse from the date the lessor is notified of the termination."

In light of the mobile phone text messages sent by the Plaintiff to the Defendant, the Plaintiff and the Defendant (the Defendant’s wife is clear) are sufficiently inferred that there was a mutual communication to terminate the instant lease agreement at that time, and following such agreement, the Plaintiff appears to have transmitted the above text text messages to the Defendant on August 24, 2016.

If so, the above letter messages sent by the plaintiff are presented.