임대차보증금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Facts of recognition;
A. On September 22, 2014, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with the Defendant and the Sigjin-si 104 Dong 1401 (hereinafter “instant building”), setting the lease deposit of KRW 140,00,000 (hereinafter “instant deposit”) and the lease term from October 10, 2014 to October 9, 2016 (hereinafter “instant lease contract”). On September 22, 2014, the Plaintiff paid the Defendant the remainder of KRW 126,00,000 and paid the lease deposit of KRW 126,00,000 to the Defendant.
B. On October 10, 2014, the Plaintiff resided in the possession of the instant building from the Defendant and paid the total of KRW 114,870 to the management office.
C. On August 20, 2016, the Plaintiff sent a text message to the Defendant to the effect that the Plaintiff would refuse the renewal of the instant lease agreement while requesting the repayment of the instant deposit by October 10, 2016, as the scheduled director was scheduled.
The Plaintiff’s director on October 10, 2016. However, the Defendant, on the same day, remitted only KRW 139,000,000 among the instant deposit to the Plaintiff, and did not pay the remainder KRW 1,000,000 and the long-term repair appropriations KRW 114,780.
Accordingly, the Plaintiff left part of the instant building, such as a gambling house, etc., and did not return the key to the instant building to the Defendant.
E. On October 12, 2016, the Defendant: (a) laid down the key repair machine; and (b) replaced the key to the instant building.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the claim for the refund of the instant deposit, the instant lease agreement was terminated on October 9, 2016, and the Defendant received the return of the instant building from the Plaintiff by replacing the key to the present door of the instant building. Thus, barring any special circumstance, the Defendant, barring any special circumstance, shall be deemed as KRW 1,00,000 among the balance of the instant deposit, and the Plaintiff.