임차보증금반환
1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.
1. Determination on the cause of the claim
A. On September 30, 2003, the Plaintiff asserted that the attached building owned by the Defendant (hereinafter “instant building”) was leased KRW 15 million as security deposit, two years as security deposit, and KRW 60,000 as monthly rent.
The plaintiff made a move-in report to the above building's domicile and did not have two-year lease term while residing, and did not have director at the above building's domicile on August 13, 2004, and did not comply with the defendant's request for the termination of the lease contract and the return of the deposit, but did not comply with the defendant's request that
However, the defendant does not return the deposit even after two years have passed since the term of lease expires.
Since the Plaintiff did not pay the monthly rent from August 14, 2004 to September 30, 2005, the Defendant should pay to the Plaintiff deposit of KRW 14.2 million (=15 million - monthly rent from August 14, 2004 to September 30, 2005) and delay damages therefor.
B. The facts subsequent to the facts of recognition do not conflict between the parties, or can be acknowledged by comprehensively considering the results of the fact inquiry and the overall purport of the pleadings to the head of the Dong-dong Busan Metropolitan City, Nowon-gu, Busan Metropolitan City, Nowon-gu, Busan Metropolitan City, and contrary to subparagraph 8, the facts of evidence Nos. 1 to 4 and 7 are not believed.
1) On September 30, 2003, the Plaintiff entered into a contract with the Defendant to lease the instant building with a deposit of KRW 15 million from the Defendant, term of lease of KRW 24 months, and monthly rent of KRW 60,000 (hereinafter “instant lease contract”).
(2) On October 13, 2003, the Plaintiff entered into a move-in report with the instant building’s domicile, and obtained a fixed date as of January 29, 2004 in the instant lease agreement.
After that, the Plaintiff repeated the transfer and relocation of the instant building several times, and transferred the instant building on August 13, 2004.
3. On November 7, 2008, the Plaintiff with the claim amounting to KRW 14.2 million against the Defendant and with respect to the building of this case as the claim amounting to KRW 14.2 million.