임대차보증금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On June 4, 2012, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 180,000,000,000 from July 20, 2012 to July 19, 2014 (hereinafter “the instant lease agreement”) to lease the instant apartment (hereinafter “the instant apartment”) owned by the Defendant, and paid the Defendant KRW 7 million on the date of the said contract and KRW 173,00,00,000 on July 16, 2012, and resided in the instant apartment.
B. On January 9, 2015, after the expiration of the lease term of the instant case, the Plaintiff was a director at a different place from the instant apartment, and the other lessee occupied the said apartment on February 14, 2015.
C. On February 6, 2015, the Defendant returned KRW 174,961,790, which was the amount calculated by deducting KRW 5,330,000,000, which was computed by the Defendant from the total amount of KRW 180,000,000,000 for the long-term repair appropriations paid by the Plaintiff on behalf of the Defendant, from the total amount of KRW 291,790,00,000,00
(Plaintiff did not sign and seal the above receipt. [The ground for recognition: The fact that there is no dispute, entry of Gap evidence 2, the purport of the whole pleadings]
2. Determination as to the cause of action
A. In a lease agreement, a security deposit is to secure all the obligations of a lessee arising from the lease until the lease is ordered to the lessor after the termination of the lease agreement. The amount equivalent to the secured obligation is naturally deducted from the security deposit without any separate declaration of intention, barring any special circumstance. Thus, the lessor is obligated to return only the remainder after deducting the secured obligation from the security deposit to the lessee.
However, in such cases, in order to deduct the secured obligation, etc. from the lease deposit, the lessor shall be the lessor who is the secured obligation, such as overdue rent and overdue management expenses.