1. The defendant shall pay 50,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

1. Facts of recognition;

A. On December 20, 2015, the Plaintiff entered into a contract with the Defendant on the lease deposit amount of KRW 50 million, monthly rent of KRW 2.3 million, and the lease period of December 30, 2017 (hereinafter “instant lease contract”) with respect to the first floor D and E (hereinafter “instant real estate”).

The plaintiff paid a deposit of KRW 50 million to the defendant around that time, and received the above real estate from the defendant.

B. Since then, the instant lease was implicitly renewed.

C. A duplicate of the instant complaint containing the Plaintiff’s expression of intent to terminate the instant lease agreement was served on October 16, 2019 to the Defendant.

The plaintiff is occupying the real estate of this case until now.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the instant lease agreement was terminated on November 17, 2019 after one month from the date when the Plaintiff, a lessee, was notified of the termination, and thus, barring any special circumstance, the Defendant is obligated to refund KRW 50 million to the Plaintiff, barring any special circumstance.

B. The Plaintiff claimed for the payment of damages for delay of the lease deposit, but if the lease contract is terminated, the obligation of the lessee to deliver the leased object and the obligation of the lessor to return the lease deposit simultaneously. Thus, unless the lessee does not deliver the leased object, the duty to return the lease deposit is not attributable to delay. The fact that the Plaintiff did not deliver the real estate of this case to the Defendant is equal as seen earlier. Therefore, the part claiming damages for delay is without merit.

3. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so ordered as per Disposition.