임대차보증금
Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
1. Facts of recognition;
A. On October 16, 2017, the Plaintiff entered into a lease agreement with the Defendant on D (hereinafter “instant lease agreement”) with the content that, separately from the monthly rent, KRW 5 million per month, KRW 300,000 per month, KRW 50,000 per month, KRW 50,000 per month, and KRW 50,000 per month, and KRW 50,000 per month, the occupancy date, October 29, 2017, and the expiration date of the lease term, November 6, 2018, and KRW 50,000,000,000 for cleaning expenses after the expiration of the lease term (hereinafter “instant lease”).
B. On March 16, 2019, the Plaintiff occupied the leased portion on the date of occupancy stipulated in the above lease agreement, and delivered the above leased portion to the Defendant on March 16, 2019 while residing even after the contract expires.
C. The Plaintiff was returned KRW 2 million from the Defendant’s deposit for lease.
The plaintiff did not pay rent and management expenses from November 1, 2018.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and the purport before oral argument
2. The assertion and judgment
A. The Plaintiff asserted that the overdue rent, etc. that should be deducted from the deposit is KRW 1,516,60,000, the Defendant claimed the overdue rent.
According to the above facts, the lease contract of this case was terminated upon the expiration of the term, and the amount to be refunded to the Plaintiff is KRW 3 million after the remainder of the lease deposit is KRW 1,630,645 as follows.
Unless special circumstances exist, such as that the lessee has agreed otherwise in the lease contract, the obligation concerning the management expenses, water supply fees, electricity charges, etc. incurred for the use or profit-making of the leased object, which occurred while the lessee uses or makes profits from the leased object, shall belong to the lessee's obligation due to the nature of the lease relationship.
(Supreme Court Decision 2012Da19154 Decided June 28, 2012: KRW 1,580,645 = 1,40,645 = KRW 1400,645 in total for four months from March 1, 2019 to February 28, 2019: (a) KRW 180,645 in total for four months from March 1, 2019 to March 16, 2019 = 16/31 x 350,00 won; and (b) forest below KRW 16/350,00 in total.