The defendant shall pay 70 million won to the plaintiff and 12% per annum from May 7, 2020 to the day of full payment.

1. Basic facts

A. On June 19, 2019, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50 million, KRW 900,000,000 from July 12, 2019 to July 11, 2021 (hereinafter “instant lease agreement”).

On July 12, 2019, the Plaintiff paid the Defendant the lease deposit amount of KRW 50 million and received the delivery of the instant building.

B. On September 11, 2019, the Plaintiff agreed to change the deposit with the Defendant to KRW 70 million, which increased the deposit for lease with the Defendant, and reduce the partial amount of the deposit. Around that time, the Plaintiff additionally paid KRW 20 million to the Defendant.

C. On April 2020, the Plaintiff and the Defendant agreed to cancel the instant lease agreement, and on April 3, 2020, a notary public belonging to the Suwon District Prosecutors’ Office prepared a letter of payment in relation to the return of the lease deposit (hereinafter “instant letter of payment”) as a document No. 902, E, 2020.

According to the instant payment note, the Defendant agreed to pay to the Plaintiff KRW 70 million in three installments, such as deposit for lease on April 8, 2020, KRW 20 million, KRW 20 million on April 17, 2020, and KRW 30 million on April 30, 2020.

When the defendant delays the payment of the above lease deposit, the rate of delay interest shall be 12% per annum, and the plaintiff was paid the lease deposit from the defendant, and thereafter, he decided to return the key and card key of the building of this case to the defendant.

The Plaintiff moved to another place after correcting the building of this case on the date not later than the date of drawing up the letter of payment.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, entry of Gap 1-3 and 5 evidence, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the lease contract of this case was terminated by the termination of agreement at the time when the plaintiff and the defendant prepare the letter of payment of this case.