보증금반환
1. The Defendant shall pay to the Plaintiff KRW 57,010,000 and the interest rate of KRW 15% per annum from October 22, 2015 to the date of full payment.
1. Facts of recognition;
A. On June 10, 2008, the Plaintiff leased Dongjak-gu Seoul Metropolitan Government (hereinafter “instant real estate”) and Dongjak-gu Seoul (hereinafter “instant real estate”) from the Defendant for the lease deposit of KRW 65,000,000, and the lease period from June 28, 2008 to June 28, 2010.
(hereinafter “instant lease agreement”). B.
Afterwards, the Plaintiff and the Defendant agreed to reduce the lease deposit to KRW 55,000,000, and renewed the instant lease contract. The Plaintiff was returned to the Defendant KRW 10,000,000.
C. From October 2013, the Plaintiff demanded the Defendant to return the lease deposit. Accordingly, the instant lease contract was scheduled to be terminated on or around June 10, 2014.
On June 4, 2014, the Plaintiff concluded a new lease agreement between D and D with respect to the lease deposit of KRW 65,000,000 for the Seoul Dongjak-gu Seoul Metropolitan Government E and 202, and the outstanding payment date for the remainder, and the lease period from June 16, 2014 to June 16, 2016, and paid KRW 3,500,000 for the down payment to D on the same day.
E. By June 16, 2014, the Plaintiff failed to refund KRW 55,000,000 from the Defendant’s deposit for lease under the instant lease agreement, and accordingly, failed to pay the remainder of the lease deposit ( KRW 61,50,000) to D.
D reversed the lease contract with the Plaintiff and returned only KRW 1,490,000 among the down payment to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings
2. Determination
A. Since the instant lease agreement terminated on or around June 10, 2014 at the expiration of the lease term, the Defendant is obligated to return the lease deposit to the Plaintiff.
B. The Plaintiff suffered damages of KRW 2,010,00 ( KRW 3,500,000 - 1,490,000) on the wind that the Defendant did not refund the deposit for lease until June 10, 2014. The Plaintiff’s damages are damages due to special circumstances, and the perpetrator knew or knew of such special damages.