임대차보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 21, 2016, the Plaintiff leased the multi-family house D (hereinafter referred to as “instant house”) located in Jinju-si (hereinafter referred to as “instant house”) from the Defendant on the terms of lease deposit 90 million won and the lease period from November 25, 2016 to November 24, 2018.
(hereinafter “instant lease agreement”). B.
On September 17, 2018, the Plaintiff: (a) leased the F apartment G from Jinju-si, Jin-si, under the respective terms of KRW 1555 million; and (b) from November 26, 2018 to 24 months; and (c) from around that time, the Plaintiff demanded the Defendant to “the Defendant to return the deposit to a new leased house until November 24, 2018, when the instant lease contract expires.”
C. (1) On November 23, 2018, the Defendant sent a text message to the Plaintiff on two occasions, stating that “the account number for returning the deposit amount is known” to the Plaintiff. On the following day, the Defendant sent several text messages to the same effect. However, the Plaintiff did not notify the Defendant of the account number.
In addition, on November 23, 2018, the Defendant sent to the Plaintiff postal items to the effect that “the time and place of payment are notified if the Plaintiff wishes to receive the lease deposit deposit in cash” is a content-certified document, and the said postal items reached the Plaintiff on November 26, 2018, but the Plaintiff did not respond thereto.
(2) On November 24, 2018, the Plaintiff was a director or went to the instant house, but did not provide the Defendant with the entrance door password and key. On December 6, 2018, the Plaintiff was only informed of the password around 08:20.
(3) Accordingly, around 10:00 on December 6, 2018, the Defendant deposited the Plaintiff as the principal deposit and deposited the lease deposit amount of KRW 90 million (No. 1617, Changwon District Court Branch of Changwon District Court in 2018; hereinafter “instant repayment deposit”).
Grounds for recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 to 1.