임대차보증금
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, except where the court makes a dismissal or addition as follows. Thus, the judgment of the court of first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The third-party 15 to 19 of the judgment of the court of first instance shall be the following:
On the premise that the defendant accepts the above termination of the contract of the plaintiff, the defendant asserts that the deposit that the defendant received from the plaintiff is only one million won, and the plaintiff is obligated to pay 570,333 won remaining after deducting one million won from the sum of the rent or unjust enrichment equivalent to the rent from December 27, 2015 to November 8, 2017 that the plaintiff delivered to the defendant the room of this case from December 27, 2015 to November 8, 2017.
(Counterclaim) The fourth-class 5 to 8 of the first instance judgment are as follows.
“(1) As long as the content of a disposal document is recognized as having been genuine, the court shall recognize the existence and content of the declaration of intent by the content, unless there is any clear and acceptable reflective evidence to deny the content of the document (see, e.g., Supreme Court Decision 88Meu22169, Jun. 26, 1990). The instant lease agreement (as a result of the instant written appraisal by evidence A and appraiser D of the court, following the Defendant’s name, amount of deposit, monthly rent, etc., which can be recognized as the Defendant’s writing, is presumed to be the authenticity of the entire document.
This court's fact-finding results are insufficient to reverse the above recognition only by the fact-finding results on the head of Busan Northern District, and there is no other counter-proof evidence.
The lease deposit is indicated as “0 million won”.
In the instant case, where the existence of the expression of intent and the contents indicated in the above document are clear and acceptable, there are no special circumstances to deny, the security deposit is KRW 10 million according to the contents of the above document.