임차보증금반환
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. Basic facts
A. On September 2009, the Plaintiff livedd with C, the Defendant’s mother, and reported the marriage on December 7, 2010.
B. Around May 2012, the Plaintiff leased from the Defendant at KRW 40,000,000, the lease deposit amount of KRW 40,000,00 from the Nam-gu Incheon Metropolitan City (hereinafter “instant house”) owned by the Defendant. The Plaintiff leased to the Defendant KRW 3,00,000 on May 25, 2012, and the same year
6. The sum of KRW 40,000,000,000, was paid as lease deposit, and thereafter, was transferred to the instant house on June 5, 2012.
C. On October 15, 2012, the Plaintiff received KRW 20,000,000 from the Defendant out of the instant lease deposit, as a divorce with C on the same day. On October 26, 2012, the Plaintiff continued to maintain a de facto marital relationship between C and the instant house, and returned the said KRW 20,000 to the Defendant.
On March 2013, the Plaintiff organized de facto marital relations with C and removed from the instant house. On May 16, 2013, the Plaintiff received KRW 20,000,000 from the Defendant out of the instant lease deposit.
[Ground of recognition] Facts without dispute, Gap 1 to 10 evidence, Eul 1 to 22 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. According to the judgment on the cause of the claim, the above facts are examined, and the defendant is obligated to pay the remainder of KRW 20,000,000 among the lease deposit of this case and delay damages to the plaintiff, barring special circumstances.
B. On October 15, 2012, the Plaintiff asserted as to the Defendant’s assertion that: (a) the Plaintiff shall pay KRW 20,000,000 as consolation money for C in the process of a divorce by agreement with C on October 15, 2012; (b) in lieu of direct payment to C, only KRW 20,000,000 out of the lease deposit amount to be refunded by the Defendant shall be refunded; and (c) thus, the Plaintiff waivers or transfers it to C out of the lease deposit amount of KRW 20,00,000.
Therefore, on October 15, 2012, the Plaintiff KRW 20,000 out of the lease deposit of this case from the Defendant.