1. The Defendant’s KRW 60,000,000 as well as 5% per annum from April 8, 2016 to August 19, 2016 to the Plaintiff.

1. Basic facts

A. On January 21, 2003, the Plaintiff leased approximately 40 square meters of the three-story housing (hereinafter “the instant leased”) from the Defendant for the period of January 21, 2003, among the buildings located in the building in the area of Cheongju-si C (hereinafter “instant building”) with the lease deposit of KRW 60 million, and the lease term of January 21, 2005.

(hereinafter “instant lease agreement”). B.

On January 8, 2016, the original copy of the instant payment order, for which the Plaintiff seeks the return of the lease deposit, was implicitly renewed, arrived at January 8, 2016.

(A) The Defendant did not dispute the termination of the instant lease agreement on April 8, 2016, which was three months after the Defendant received the original copy of the instant payment order from January 8, 2016.

The defendant is running a real estate rental business from January 29, 2003.

[Ground of recognition] Facts without dispute, Gap evidence 6, Eul evidence 3, 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff paid monthly rent to the Defendant for the first lease contract of this case, but at the time of termination of the lease contract, the Plaintiff demanded the Defendant to return the lease deposit, and as such, the Defendant had been impliedly renewed without rent. Since the Plaintiff declared that the lease contract of this case was terminated, the Defendant should return the deposit to the Plaintiff.

B. The Defendant’s lease agreement set the monthly rent of KRW 400,000,000 as KRW 60,000,000, and monthly management expenses. The Plaintiff paid monthly rent and management expenses only during the initial lease term, and did not pay the rent and management expenses up to the time the instant lease agreement, which was renewed thereafter, until the termination thereof. However, the lease deposit payable to the Plaintiff does not remain if the overdue rent, management expenses, and interest in arrears are deducted.

3. Determination

(a) Murder, Gap evidence 1 (part), Gap 2, 3, and .