임대차보증금 반환청구의 소
1. The defendant shall pay to the plaintiff 17,420,678 won and the interest rate of 12% per annum from May 12, 2020 to the day of complete payment.
1. Basic facts
A. On October 16, 2017, the Plaintiff entered into a lease agreement with the Defendant, Gangnam-gu Seoul Metropolitan Government C and D (hereinafter “instant leased object”) with the lease deposit of KRW 540,00,000, and with the lease term from November 20, 2017 to November 19, 2019 (hereinafter “instant lease agreement”).
On the same day, the Plaintiff paid the Defendant the down payment of KRW 50,000,000, and paid the remainder of KRW 490,000 on November 20, 2017, and received delivery from the Defendant of the leased object of this case.
B. Since then, on February 2019, before the expiration of the lease term, the Plaintiff expressed to the Defendant his intention to cancel the instant lease agreement early, but the instant lease agreement was terminated on November 19, 2019 as the Plaintiff did not seek any new lessee.
[Reasons for Recognition] No. 2] No dispute, the entry of Gap evidence No. 2, the purport of the whole pleadings
2. Summary of the parties' arguments;
A. As the Plaintiff delivered the instant leased object to the Defendant on December 17, 2019, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 540,00,000 and the delay damages incurred from December 18, 2019 to the repayment of the lease deposit.
However, as the defendant deposited only KRW 533,305,350 on February 24, 2020, the defendant is obligated to pay the difference and its delay damages to the plaintiff.
B. Upon the termination of the lease agreement, the Plaintiff shall restore the leased object of this case to its original state and return it to the Defendant. As a defect requiring repair occurred in the leased object of this case due to the Plaintiff’s cause attributable to the Plaintiff, the amount of KRW 6,694,650 paid by the Plaintiff should be deducted from
3. Determination
A. There is no dispute between the parties to the judgment on the cause of the claim, or according to the evidence No. 9, No. 11, No. 12, and No. 1, the Plaintiff’s evidence No. 17, Dec. 17, 2019, respectively, shall be the Defendant.