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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. Around February 1997, the Plaintiff entered into a lease agreement with the Defendant to lease one square column among the Seoul building in Gangnam-gu Seoul, which is owned by the Defendant husband, with the lease deposit of KRW 10,000,000, monthly rent of KRW 100,000, monthly rent of KRW 100,000, and from February 14, 1997 to February 14, 1998.
B. The Plaintiff was a director residing in the above building from around that time to April 2001. Around May 7, 2001, the Plaintiff received KRW 5 million from the Defendant as a deposit for lease.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that he did not receive KRW 5 million out of the lease deposit amount of KRW 10 million under the lease contract of this case and claimed the payment thereof to the defendant. On May 7, 2001, the defendant returned the remaining lease deposit amount of KRW 5,000,000 after deducting the monthly rent and public charges, etc. in arrears and completed settlement. Thus, the plaintiff's claim on the premise that the lease deposit remains is unjust.
B. (1) Determination is based on the premise that the rent and public charge issued during the term of the lease have been fully satisfied, the Plaintiff sought payment of KRW 5,000,000 in the balance of the lease deposit.
However, in a lease agreement, a security deposit for a lessee’s obligation arising from the lease agreement until the lease is ordered to the lessor after the termination of the lease agreement. The amount equivalent to the security deposit is naturally deducted from a security deposit, barring any special circumstance, when the object is returned after the termination of the lease agreement. Thus, the lessor is obligated to return only the remainder after deducting the secured obligation from the security deposit to the lessee, and in the case of the lease agreement, the lessor is liable to return the secured obligation from the security deposit.