A. On March 2017, the Plaintiff entered into a lease agreement with the Defendant with respect to Kimcheon-si D Apartment E (hereinafter “instant apartment”) with the term of KRW 3,000,000, monthly rent of KRW 250,000, and the term of lease from March 29, 2017 to March 28, 2019, and entered into a director on March 29, 2017.

B. The Plaintiff did not pay rent and management expenses after April 2017 on the ground that the instant apartment was smelled, and the Plaintiff subsequently completed the return of the instant apartment to the Defendant on October 12, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap's evidence 1, Eul's evidence 3 and 4, and the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff asserted that the plaintiff is obligated to return the lease deposit amount of KRW 3,00,000, KRW 35,000, KRW 10,000, KRW 100,000, and KRW 10,000, in compensation for damages, because the plaintiff did not reside in the apartment of this case and caused mental and physical pain, such as that the plaintiff did not live in the apartment of this case. Accordingly, the plaintiff was obligated to return the lease deposit amount of KRW 3,00,00, KRW 35,000, and KRW 10,000,00.

B. In light of the judgment, the Plaintiff did not pay rent and management expenses after April 2017 on the ground that the instant apartment was smelled, and the Defendant was notified that the lease contract may be terminated due to the delinquency in rent. On May 26, 2017, the Plaintiff filed the instant lawsuit seeking the return, etc. of the lease deposit. Furthermore, on October 12, 2017, the Plaintiff returned the instant apartment to the Defendant on October 12, 2017, and thus, the lease contract between the original Defendant was terminated.

Therefore, the defendant is obligated to pay to the plaintiff KRW 3,000,000 and damages for delay.

Furthermore, we examine the part on the claim for damages.