임대차보증금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 3, 2014, the Plaintiff, who is engaged in the manufacturing industry, leased a factory, etc. located in Kimhae-si C (hereinafter “instant factory”) from the Defendant, KRW 30 million, monthly rent of KRW 1400,000 (excluding value-added tax, the payment date, the 12th day of each month), and the lease period from April 12, 2014 to April 11, 2016 (hereinafter “instant lease contract”), and around that time, paid the above lease deposit to the Defendant.
B. The instant lease agreement was implicitly renewed, but its expiration on April 11, 2018 expired.
C. On May 11, 2018, the Plaintiff discontinued the operation of the instant factory and took out all equipment. On June 8, 2018, the Plaintiff returned KRW 2,770,690 out of the lease deposit to the Defendant and delivered the instant factory to the Defendant.
On the other hand, the Plaintiff paid or unpaid the monthly rent of KRW 1,540,000 (including value-added tax of KRW 140,000) to the Defendant on several occasions, as shown in the attached Table, and did not pay the electricity fee of KRW 2,362,610.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. On May 8, 2018, Plaintiff 4,497,390 won [30,000 won for lease deposit - 23,140,000 won for delayed rent (including implied renewal) from April 12, 2014 to April 11, 2018, Plaintiff 21,600 won for late rent 21,60,000 for late rent 21,60,000 won for late rent - From April 12, 2018 to April 11, 2018, following the termination date of the instant lease agreement, the Defendant discontinued the operation of the factory and took out all the equipment of the factory from April 12, 2018 to May 11, 2018; the Defendant settled the amount equivalent to the Plaintiff’s late rent 1,540,000 won for late rent 20,700 won for late rent 25,2017.