보증금반환
1. As to the Plaintiff KRW 110,00,000 and KRW 5,000 among them, the Defendant shall pay to the Plaintiff KRW 110,00,000 from July 2, 2016, and KRW 105,00,00.
On August 21, 2015, the Plaintiff entered into a contract with the Defendant for the lease of KRW 105,000,000,000 for the first floor among detached houses of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant leased object”) from August 31, 2015 to August 31, 2017, and paid the Defendant the lease deposit of KRW 105,00,000 for the lease deposit at around that time.
At the time of the above contract, there are problems such as drainage, rupture, water leakage, and distribution with respect to the leased object of this case, which the defendant agreed to repair before the plaintiff's occupancy.
However, since the above problem was not properly repaired, there was a phenomenon of water leakage in the ceiling and the window frame of school toilets around the end of 2015, which was after the Plaintiff moved, and there was mycoto and corrosioning.
Although the Plaintiff demanded repair to the Defendant, the Defendant agreed to accept the repair in spring in 2016, and did not observe it, the Plaintiff demanded to comply with the term of lease.
On June 1, 2016, the Plaintiff sent a letter verifying the termination of the above lease agreement to the Defendant, and the said mail sent to the same month.
3. It was delivered to the Defendant.
On October 20, 2016, the Plaintiff returned the leased object to the Defendant.
On the other hand, when the contract is terminated due to the default at the time of the above lease agreement, the defaulter agreed to pay the penalty equivalent to the down payment.
(Reasons for recognition: The facts without dispute; Gap evidence Nos. 1, 2, and 13; the purport of the whole pleadings; and the purport of the whole pleadings). Thus, the above lease agreement was terminated on June 3, 2016 due to the non-performance of obligation by the defendant, a lessor, and thus, the defendant (=5,000,000 won for lease deposit of KRW 105,000 for penalty of KRW 25,000 for rent of KRW 25,000 for rent of KRW 105,000 for rent of KRW 25,000 for rent of KRW 5,000 for rent of KRW 25,00 for rent of KRW 5,00 for the plaintiff's partial claim) from July 2, 2016 (the date the plaintiff seeks as of October 21, 2016 for KRW 105,000 for rent of KRW 5,000 for the plaintiff.