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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.
Reasons
1. Determination as to the cause of claim
A. On February 2, 2016, the Plaintiff leased the building C and D (hereinafter “instant building”), monthly rent of KRW 300,000 (Advance payment), deposit of KRW 20,000, and lease deposit of KRW 20,000, and the lease term of KRW 2 years from the Defendant (hereinafter “instant lease agreement”), and paid the said deposit to the Plaintiff on the same day.
Even after the expiration of the term of the instant lease agreement, the Plaintiff resided in the instant building without the Plaintiff and the Defendant’s declaration of termination. On July 21, 2018, the Plaintiff delivered the instant building to the Defendant.
Then, the defendant returned 19,580,000 won out of the lease deposit to the plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
B. The Plaintiff’s assertion 1) The instant lease agreement was terminated on July 21, 2018 under the agreement between the parties, and accordingly, the Plaintiff delivered the instant building to the Defendant. As such, the Defendant sought payment of the unpaid lease deposit amount of KRW 420,000 and delay damages therefor from the Plaintiff. 2) The Defendant and the Defendant did not have agreed to terminate the instant lease agreement as of July 21, 2018.
As the Plaintiff notified the Defendant of the termination of the instant lease agreement on May 30, 2018, the instant lease agreement was terminated on August 30, 2018, which was three months thereafter.
C. Determination 1) The Plaintiff notified the Defendant of the termination of the instant lease agreement on May 30, 2018, on the ground that there is no dispute between the parties. Thus, the point at which the instant lease agreement was terminated shall be around August 30, 2018 (Article 6-2(2) of the Housing Lease Protection Act and otherwise, there is no evidence to prove that the Defendant agreed to terminate the instant lease agreement on July 21, 2018, as alleged by the Plaintiff.