임대차보증금반환
1. The Defendant: (a) KRW 23.8 million to the Plaintiff and the Plaintiff’s 5% per annum from August 27, 2016 to November 29, 2016; and (b).
1. Determination on the cause of the claim
A. In light of the facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings, the plaintiff entered into a lease contract with the defendant on October 10, 2009, setting the lease deposit amount of KRW 25 million and the lease term of KRW 25 million. The plaintiff has paid the lease deposit around that time, the lease contract has been renewed, the plaintiff has been notified of the termination of the lease contract, and the plaintiff has delivered the above house to the defendant on July 20, 2015.
B. According to the above facts, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 25 million and its delay damages, except in extenuating circumstances.
2. Judgment on the defendant's assertion
A. This is because the Defendant did not refund the claimed lease deposit, but did not seek a new lessee and did not make a loan.
In addition, the plaintiff is obligated to pay only the remaining amount after deducting the damage compensation for the damaged portion and the 2.160,000 won of the public charges.
B. (1) Determination is that the security deposit received in the lease of real estate guarantees all the obligations of the lessee arising from the lease, such as rent and damages liability arising from the loss, damage, etc. of the object, and the amount equivalent to the secured obligation is naturally deducted from the security deposit without any separate declaration of intention when the object is returned after the termination of the lease relationship, except in extenuating circumstances.
(See Supreme Court Decision 2009Da39233 Decided February 27, 2014). In addition, in order to deduct the secured obligation from the lease deposit, the lessor must assert that the secured obligation should be deducted from the lease deposit such as overdue rent and overdue management fee, etc., which is the secured obligation, and further, the lessor should assert and prove the cause of the occurrence of the lease deposit, such as the lease deposit, management fee claim, etc., and the claim arising therefrom.