임대차보증금반환
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. On March 2012, the Plaintiff claimed for the cause of the Plaintiff’s claim: (a) set the lease term of 2 months, the lease deposit amount of 5,00,000 won; and (b) monthly rent of 250,000 won; and (c) around March, 2012, the Plaintiff respectively set the lease term of 204 of the Yansan-gu Seoul Special Metropolitan City (hereinafter “instant building”).
On March 13, 2012, the Plaintiff paid the Defendant the lease deposit of KRW 5,00,000,000 to the Defendant, and then moved in and resided in the instant building, and retired on April 10, 2012.
Therefore, the Defendant is obligated to refund KRW 5,000,000 to the Plaintiff.
2. According to the statement in Gap evidence No. 1, the fact that the plaintiff remitted KRW 5,00,000 to the defendant on March 13, 2012 is recognized.
However, according to the facts stated in Eul evidence Nos. 1 and 2, the plaintiff of the party, and the defendant's personal examination, the defendant initially agreed to set the lease deposit amount of KRW 5,000,000 for each of the buildings of this case, and KRW 250,000 for each of the monthly rents. On March 13, 2012, Eul demanded the return of the lease deposit money to the defendant while leaving the building of this case after the transfer of KRW 5,00,000 for the lease deposit amount of KRW 5,000 for the building of this case. The defendant returned the lease deposit amount of KRW 5,00,00 to D, and the defendant could be recognized that the plaintiff resided in the building of this case for about one month after moving from the building of this case, and considering the overall purport of the arguments presented above, D had concluded the lease deposit amount of KRW 30,00 for 20,00 for 20,000 for 20,010.