손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
[Claim]
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except in the following cases: 2. The part concerning the plaintiff's claim for return of lease deposit and the defendant's claim for delivery of lease deposit on 3.0 of the judgment of the court of first instance:
2. According to the facts of the judgment on the Plaintiff’s claim for refund of deposit and the Defendant’s claim for extradition, the instant lease agreement terminated on December 16, 2015, and thus, the Defendant is obligated to refund the deposit to the Plaintiff, barring any special circumstance, and the Plaintiff is obligated to deliver the instant store to the Defendant.
On the other hand, the defendant asserted that he repaid the lease deposit of this case to the plaintiff, and the plaintiff cannot respond to the defendant's claim until the security deposit is returned from the defendant.
In full view of the purport of the entire pleadings in the statement No. 4, the Defendant deposited KRW 20,00,000 as the Plaintiff on December 20, 2016 with the Seoul Central District Court No. 29606, Dec. 20, 2016, the Defendant’s deposit of KRW 20,000 as the Plaintiff. Thus, the Defendant’s obligation to return the lease deposit is all extinguished.
Therefore, the part of the plaintiff's claim for the return of the lease deposit and the plaintiff's defense for the simultaneous performance with the obligation to return the lease deposit against the defendant's counterclaim is without merit.
3. In conclusion, the plaintiff's main claim is dismissed as it is without merit, and the defendant's counterclaim claim shall be accepted as reasonable.
Of the judgment of the court of first instance, the part against the defendant in the judgment of the court of first instance differs from this conclusion with the defendant's above deposit at the court of first instance, but only the plaintiff cannot change the judgment of the court of first instance so that it can be disadvantageous to the plaintiff by filing an appeal.