임대차보증금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The facts that there is no dispute over the cause of the claim, Gap's evidence Nos. 1 and 3, and the purport of the whole arguments are as follows: on November 29, 2000, the plaintiff entered into a lease agreement with the defendant to lease approximately 15 square meters (hereinafter "the instant lease agreement") of the five-story building of the five-story building in Busan Dong-dong, Busan, which is owned by the defendant on November 29, 200, with the lease deposit of KRW 12 million and one-year lease term of the five-story building (hereinafter "the instant roof bank"); the plaintiff had D reside in the instant rooftop bank from the middle of March 2009; D moved out from the above rooftop bank on November 20, 2011; and the defendant's representative director Eul did not hear the plaintiff's appearance that the plaintiff went to the above roofhouse on January 20, 2012.
According to the above facts, it is reasonable to view that the instant lease contract was renewed on a one-year basis after the date of conclusion of the contract, and it was terminated on November 20, 201 due to the expiration of the lease period ( November 28, 2011) without any further renewal after D who moved the instant rooftop bank from the Plaintiff on November 20, 201.
Therefore, the defendant is obligated to pay to the plaintiff the remainder of 5 million won after deducting the amount of 6.5 million won, which the plaintiff received from the defendant, among the lease deposit of 12 million won, from the plaintiff.
2. Judgment on the defendant's assertion
A. On February 4, 2012, the Defendant asserted to the effect that the tap tap water in the main bank of the instant rooftop room was based on the 5th floor, the fourth floor office, and electric facilities, etc. In order to recover water leakage damage, the Defendant spent KRW 7.60,00,00 as the charge for printing and remote areas, KRW 500,000,000,000 as the electric repair cost, and KRW 3,608,70,00 as the above expenses should be deducted from the lease deposit to be returned to the Plaintiff by the Defendant.
D. On November 20, 201, the Plaintiff used the instant rooftop room from the Plaintiff.