임대차보증금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. On April 29, 2013, the Plaintiff leased 3,000,000, monthly rent of KRW 200,000, and two-year lease period of the lease (hereinafter “instant lease agreement”) from the Defendant as one column for the room of the first floor of Ulsan-gu C Housing (hereinafter “instant room”).
Upon the termination of the instant lease agreement on February 7, 2015, the Plaintiff delivered the instant room to the Defendant on February 11, 2015, and on February 13, 2015, the Defendant remitted KRW 1,150,000 to the Plaintiff as the return of the lease deposit under the said lease agreement.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 3, the purport of the whole pleadings
2. Determination
A. (1) As to the cause of the claim, the Plaintiff paid KRW 3,00,000 to the Defendant under the instant lease agreement, and the Defendant, after the termination of the said lease agreement, paid KRW 2,60,000,000, deducting the unpaid rent of KRW 400,000, out of the above lease deposit, to the Plaintiff, but did not refund KRW 1,150,000,000, as well as the remainder of KRW 1,450,00.
Therefore, the defendant is obligated to pay to the plaintiff KRW 1,450,000 and damages for delay.
(2) The fact that the Plaintiff paid KRW 2,00,000 out of the lease deposit under the instant lease agreement to the Defendant’s deposit account is without dispute between the parties. The Plaintiff, on April 29, 2013, delivered the down payment of KRW 300,000 to the Defendant, in cash, and remitted KRW 1,700,000 to the Defendant’s deposit account.
However, it is insufficient to recognize that the Plaintiff paid the remainder of KRW 1,00,000 to the Defendant on May 28, 2013 only with the descriptions of KRW 1,640,000 on May 28, 2013, as well as the descriptions of KRW 1,00,000 on the deposit account in the name of the Plaintiff and KRW 2,640,000 on May 28, 2013, and there is no other evidence to acknowledge otherwise.
Therefore, the Defendant, barring any special circumstance, is from the Plaintiff pursuant to the instant lease agreement.