임대차보증금반환
1. The Defendant’s KRW 3,00,000 as well as its annual 6% from January 31, 2016 to October 12, 2016 to the Plaintiff.
1. Facts of recognition;
A. The Defendant is the owner of the B-ground operation, Nadong and Multi-Dong Building (hereinafter each of the instant operations, operation, Nadong and Multi-Dong Building) at the time of harmony.
B. On June 28, 2011, the Plaintiff leased the pertinent lease deposit amounting to KRW 40 million, monthly rent of KRW 40 million (in addition, KRW 4.5 million was increased) from the Defendant as of KRW 40 million, monthly rent of KRW 4 million (in addition, KRW 4.5 million was increased), from July 1, 2011 to KRW 12 months, and thereafter, paid the said lease deposit and used the instant building as from July 1, 201.
C. The instant lease contract was renewed on several occasions, and was terminated by the agreement between the Plaintiff and the Defendant around January 2015.
On January 13, 2015, the Plaintiff directors in the instant building and transferred the key to the entrance of the building to the Defendant.
E. The Defendant requested the removal of office facilities on the ground that the Plaintiff did not remove the facilities (such as wall, door, roof, etc.) of the office installed separately within the instant building merely brought the factory facilities and fixtures inside the instant building. Accordingly, the Plaintiff removed the office facilities around January 24, 2015.
F. On May 4, 2015, the Defendant paid KRW 28 million to the Plaintiff out of the lease deposit.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence No. 2, the purport of the whole pleadings
2. Determination as to the claim for refund of deposit for lease
A. According to the fact that the duty to return the lease deposit exists, as long as the instant lease contract was terminated on January 2015 by agreement between the Plaintiff and the Defendant, the Defendant is obligated to return the remainder of the lease deposit to the Plaintiff (i.e., KRW 40 million - KRW 28 million).
B. Whether the Defendant deducts the amount equivalent to the monthly rent until the completion of delivery of the instant building from the lease deposit, as the instant building was delivered at the end of January 2015, the Defendant should deduct the amount of KRW 4950,000 (including value-added tax) from the lease deposit.