보증금반환
1. The judgment of the court of first instance is modified as follows.
The Defendant’s KRW 310,223 on October 21, 2017 to the Plaintiff and its related costs.
1. Basic facts
A. On December 1, 2016, the Plaintiff leased the 6th floor D from the Defendant during the period of lease from January 1, 2017 to December 31, 2017, with the deposit of KRW 20,000,000, monthly rent of KRW 500,000 (after January 1), and the lease period of KRW 1, 2017 from January 1, 2017 to December 31, 2017
(hereinafter “instant lease agreement”). B.
On June 8, 2017, a vehicle fire occurred in the first floor parking lot of the instant housing.
C. The Plaintiff expressed his intent to terminate the instant lease agreement to the Defendant on the ground that the Plaintiff could not reside in the instant housing No. D due to the said fire.
On September 8, 2017, the Defendant returned KRW 20,000,000 to the Plaintiff, and the Plaintiff delivered the said Category D to the Defendant.
E. On September 11, 2017, the Defendant paid KRW 73,110 to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The parties' assertion
A. A fire occurred in the instant house, the cause of the Plaintiff’s claim, and the Plaintiff was unable to reside in the leased object. Accordingly, the instant lease agreement was terminated on July 15, 2017 when the Plaintiff’s declaration of termination was delivered to the Defendant.
However, the defendant agreed that the new tenant will pay the security deposit to the plaintiff, and the plaintiff paid 330,000 won directly to the defendant in order to receive the refund of security deposit.
However, since the lease contract of this case is terminated because the Defendant, a lessor, did not perform the obligation to allow the Plaintiff, a lessee, to use and take profits from the leased object, the Plaintiff has no obligation to pay the above brokerage fee to the Defendant.
Therefore, the defendant is obligated to refund 30,000 won to the plaintiff.
In addition, on June 1, 2017, the Plaintiff paid the Defendant the monthly rent of KRW 500,000 for six months in advance, and on June 8, 2017, the Plaintiff paid the monthly rent of KRW 500,000.