임대차보증금
1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 5,159,727.
1. (1) On February 4, 2015, the Plaintiff entered into a contract for lease with the Defendant for the lease of KRW 102,10,000,000,000 for deposit money for lease, monthly rent of KRW 1.1 million (after May 5, 2015), from March 5, 2015 to March 5, 2017 (hereinafter “instant lease contract”), and thereafter thereafter, the Plaintiff paid KRW 10,000,000 for deposit money for lease to the Defendant.
At the time of the instant lease agreement, the Plaintiff, with the permission of the Defendant, removed the walls (the original and the Defendant refers to the “intermediate walls”) at the boundaries of 102 and 103, and combined them into one store for use, but agreed to restore the land to its original state upon the expiration of the lease term.
(2) The Plaintiff: (a) destroyed the middle wall and integrated the said two shops into one (hereinafter “instant store”); and (b) installed the air conditioners, etc. inside the instant store and operated the static point.
Since January 2017 and February 2017, the above lease term expires, the Plaintiff requested the Defendant to refund the lease deposit on the expiration date of the lease term, as he did not extend the lease contract due to the lack of fixed-point business operation on two occasions (the Plaintiff newly leased No. 101 on February 12, 2017 for the relocation of the business place). The Defendant confirmed that “The lease deposit may not be returned unless the lease deposit is restored, such as re-construction of intermediate walls, etc.”
Accordingly, the original and the defendant selected each construction business operator to restore the store of this case to its original state through the construction business operator who presents a small amount of expenses.
(3) Since then, the Plaintiff selected a construction business operator and then selected a business operator who the Defendant decided to select to the Defendant, and returned the lease deposit.