보증금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The decision of the court of first instance is in accordance with paragraph 1.
1. Basic facts
A. On October 13, 2012, the Plaintiff and the Defendant concluded a lease agreement with the lessor, the Plaintiff, the lessee, and the lease deposit KRW 110 million, and the term of lease from November 18, 2012 to November 18, 2014 (hereinafter “instant lease agreement”).
On October 13, 2012, at the time of entering into the instant lease agreement, the Plaintiff paid to the Defendant a down payment of KRW 11,00,000,000,000,000 for the lease deposit based on the instant lease agreement, until November 18, 2012, and occupied the instant house.
B. On October 2014, the Plaintiff: (a) indicated that he/she did not wish to extend the term of the instant lease; (b) concluded a lease agreement with the Defendant to lease KRW 150 million from November 16, 2014 to November 16, 2016 under the name of Dongdaemun-gu, Seoul, the lease term of KRW 302 of the lease deposit; and (c) paid KRW 15 million to G, a lessor, the lease term of KRW 15 million.
The Plaintiff requested the Defendant to return the lease deposit under the instant lease agreement, and on October 17, 2014, the Defendant paid the Plaintiff KRW 10 million as part of the lease deposit.
C. On November 16, 2014, the Plaintiff received the remainder of the lease deposit under the instant lease agreement from the Defendant and decided to move in from the instant housing to the FFL to move in. The Defendant was unable to seek a new lessee of the instant housing, and the remainder of the lease deposit was not paid to the Plaintiff KRW 99 million.
The Plaintiff raised an issue as to the down payment of KRW 15 million already paid to the Defendant under the F Lending Lease Contract. The Defendant, instead of compensating the Plaintiff for the down payment of KRW 15 million and the expenses for the business trip of directors.