임대차보증금
1. The plaintiff's appeal is dismissed.
2. The plaintiff's conjunctive claim added at the trial is dismissed.
3. Appeal.
1. Basic facts
A. The Plaintiff is a corporation that runs the business of selling building materials, etc., and the Defendant is a corporation that runs real estate leasing and selling business.
B. On October 13, 2005, the Plaintiff entered into a lease agreement with the Defendant on October 13, 2005, and from the Defendant to April 12, 2006, the lease period of 144 square meters underground floor of the Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul 1496-12, from October 13, 2005 to April 12, 2006, the lease deposit is KRW 50 million, the lease deposit is KRW 50 million, the rent is KRW 2 million per month, and the management fee is KRW 140,000 per month (excluding value-added tax), and the electricity fee is paid to the Defendant for actual expenses (hereinafter “instant lease agreement”).
C. Around May 2006, the Defendant returned KRW 20 million out of the lease deposit to the Plaintiff.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including additional number), the purport of the whole pleadings
2. Determination
A. (1) According to the facts of the judgment on the primary claim, the lease contract of this case terminated on April 12, 2006, and the plaintiff is required to deduct the total of KRW 10,210,80,07, such as rent, management fee, etc. from October 13, 2005 to December 31, 2005, and the total of KRW 10,210,80,807, etc., and thus, the defendant is obligated to pay the plaintiff the remainder of the lease deposit (50,000,00-20,000,00-10,210,807) and damages for delay.
(2) The defendant's defense (A) The defendant asserts that the unpaid rent and management fee should be additionally deducted from the lease deposit, since the plaintiff's unpaid rent and management fee totaled 26,809,319 won by April 2006.
② Comprehensively taking account of the purport of the whole pleadings in the statement in the statement in the statement in the evidence Nos. 1-1 through 6 of this Decree, the rent and management expenses for the portion of January 2006 shall be KRW 3,978,608 (2,200,000 + KRW 1,778,608), KRW 4,064,904 (2,200,000 + KRW 1,864,904) and the rent and management expenses for the portion of February 2, 2006 (2,200,000 + KRW 1,864,90), and the rent and management expenses for the portion of March 206 shall be KRW 3,949,48,2,200.