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Reasons
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(영문) 대구지방법원 2016.11.16 2016나5182
임대차보증금반환
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Of the judgment of the court of first instance, KRW 2,915,00 against the Plaintiff regarding the Defendant and its related amount from July 27, 2014 to November 16, 2016.

Reasons

1. Basic facts

A. On March 5, 2003, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to 10,000,000 won for the lease deposit, 570,000 won for the lease deposit, and 54,000 won for the lease deposit amount for the lease from March 5, 2003 to 24 months for the lease (hereinafter “instant lease agreement”). The lessee agreed to restore the leased object to its original state at the lessee’s expense before the date of return of the leased object. On the same day, the lessee paid KRW 10,00,000 for the lease deposit to the Defendant.

B. On March 5, 2003, the Plaintiff, who received delivery of the instant building, operated the Art Institute and the Pianian Institute, installed a signboard on the instant building and displayed it on a glass window.

C. On December 2013, the Plaintiff terminated the instant lease agreement with the Defendant at the end of December, 2013, and delivered the instant building to the Defendant on January 31, 2014.

The Plaintiff’s obligation such as overdue rent, public charge, etc. under the instant lease agreement depends on KRW 585,00 as of January 31, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 4, 7, and 8 (including branch numbers for those with serial numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 9,415,00 [=10,000,000 for the lease deposit of this case - 585,000 for the rent and public charge, etc. in arrears of the Plaintiff] and damages for delay.

B. On May 15, 2015, part of the Defendant’s defenses, the Defendant asserted that part of the lease deposit of this case was repaid, and according to the evidence No. 4, the Defendant paid KRW 6,500,000, which is a part of the lease deposit of this case, to the Plaintiff on May 15, 2015.

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