임대차보증금
1. The Defendant (Counterclaim Plaintiff) paid KRW 120,903,030 to the Plaintiff (Counterclaim Defendant) on August 26, 2016 as well as on February 9, 2018.
1. Basic facts
A. On March 24, 2014, the Plaintiff leased Seongdong-gu Seoul and 115 Dong 1405 (hereinafter “instant apartment”) from the Defendant with the lease deposit KRW 585 million and the period from April 10, 2014 to April 10, 2016, the Plaintiff leased all the lease deposit to the Defendant.
B. However, on October 29, 2015, the Plaintiff subleted the instant apartment to Nonparty D during the term of the instant lease contract, and the Defendant sent to the Plaintiff a notice to the effect that the instant apartment will be restored to its original state by November 5, 2015, on the ground that the instant lease contract was terminated on the ground of the said unauthorized lease contract. However, on November 26, 2015, the Plaintiff issued to the Plaintiff a written statement to the effect that “The termination and surrender of the lease agreement as alleged in the said notice is not carried out, and the Plaintiff agreed with the Plaintiff to terminate the lease contract and to terminate the contract after the expiration of the existing contract term, and the Defendant will be subject to any legal measure or any punishment for civil and criminal matters.”
C. Before the filing of the instant lawsuit, the Plaintiff transferred the instant apartment to the Defendant. On June 20, 2016, the Plaintiff received from the Defendant the return of KRW 58.5 million out of the lease deposit, and KRW 463.5 million in total, on August 26, 2016.
On the other hand, after the plaintiff delivered the apartment of this case to the defendant, at least 8 joints of less than 8 joints of the living room of the apartment of this case as a result of the confirmation are likely to have been installed by television.
작은 방에는 못 구멍이 5개 이상, 거실 바닥과 작은 방 바닥의 바닥재가 찢기고 움푹 들어간 곳이 20여 개 정도, 작은 방 천정에 구멍 약 5cm 정도 1개가 각 남아 있고, 발코니 방충망 중 일부가 손상되어 있으며, 욕실의 욕조는 배수가 원활하기 않은 상태이다
(hereinafter referred to as “instant defect”). 【No dispute exists, entry and appraisal in Gap’s 1 to 4, and Eul’s 1, 2, 3, 5, 6, and 7 (including provisional numbers) are E.