보증금반환
1. Of the judgment of the court of first instance, the defendant (a counterclaim) who exceeds the money that orders the following payment concerning the principal lawsuit.
1. Facts of recognition;
A. On August 20, 2013, the Plaintiff: (a) leased the Guro-gu Seoul Metropolitan Government Dtel 611 (hereinafter “instant officetel”) KRW 10 million; (b) monthly rent of KRW 500,000; and (c) the term of the contract from August 28, 2013 to August 27, 2014; (d) concluded a contract by changing the deposit to KRW 4 million; and (e) monthly rent of KRW 570,000,000.
B. Around February 2014, the Defendant transferred the ownership of the instant officetel from C and succeeded to the lessor’s status under the said lease agreement; the deposit, monthly rent, and contract period between the Plaintiff and the Plaintiff are as they are; the prohibition of unlawful use (paragraph (4)); the lessee’s burden on the real estate brokerage commission to be retired; and the lease agreement under a special agreement to be entered into by the lessee (paragraph (5)); and the lessee’s burden of cleaning expenses to be retired KRW 40,000,000,000,000 retroactively, on August 20, 2013.
(hereinafter referred to as the “new contract” is called the “instant lease contract,” and the “term contract” is the instant lease contract.
On July 7, 2014, the Plaintiff agreed with the Defendant to terminate the instant lease contract before the expiration of the contract term, and left the instant officetel. The Defendant returned only KRW 2.5 million out of the deposit amount of KRW 4 million on the ground that the settlement of unpaid rent, management fee, etc. is necessary.
On July 31, 2014, the Defendant concluded a lease agreement with a new lessee and the instant officetel from July 31, 2014 to July 30, 2015 regarding the term of the contract.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. The judgment on the cause of the claim and the counterclaim shall also be deemed to exist.
A. The plaintiff's assertion (1) The defendant is obligated to pay to the plaintiff the balance of the deposit, 1.5 million won, and damages for delay which are not yet returned to the plaintiff.
(2) The Defendant Plaintiff’s unpaid rent 627,00 won =570,000 won (amended by June 28, 2014).