보증금반환
1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of real estate stated in the separate sheet from the Plaintiff (Counterclaim Defendant).
Basic Facts
On June 30, 2011, the Defendant leased the instant real estate (attached Form 3, 4, 5, 6, 3 parts of the instant real estate (in succession with each point) to the Plaintiff as KRW 15,000,000 (hereinafter “the instant lease deposit”), monthly rent of KRW 250,000 (payment in late payment on June 30, 201), and the lease term of the instant real estate was set as KRW 24 months from June 30, 201, and the said lease term was renewed by June 30, 2016.
(hereinafter “instant lease agreement”). Around June 2016, the Plaintiff and the Defendant agreed to deliver the instant real estate to the Defendant by December 2016.
On January 10, 2017, the Plaintiff remitted 250,000 won to the Defendant on the pretext of the rent for December 2016, 2016, and 250,000 won on the pretext of the rent for January 5, 2017, and 250,000 won on the pretext of the rent for February 15, 2017. The Plaintiff occupied and used the instant real estate by April 2017.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 (including a provisional number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, claims for the purport of the whole pleadings, and the plaintiff's assertion that the plaintiff alleged to be a party to the judgment, at the defendant's request, restored the real estate of this case to the original state on December 30, 2016, and requested the defendant to return the lease deposit of this case, but the defendant did not comply with this.
Therefore, the defendant is obligated to pay to the plaintiff 15,00,000 won for the lease deposit of this case and damages for delay from the day following the above delivery date.
The defendant's assertion is obligated to pay the defendant KRW 8,013,570, the amount equivalent to the unpaid rent of KRW 2,700,000, the unpaid electricity fee of KRW 89,570, the unpaid electricity fee of KRW 4,224,00, and other expenses of KRW 1,00,000, and KRW 8,013,570. The plaintiff shall deliver the real estate of this case to the defendant at the same time, after deducting the above KRW 8,013,570 from KRW 15,00,00,000 for the lease deposit of this case.