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Reasons
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(영문) 부산지방법원 2015.10.16 2014나20704
임차보증금반환
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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. Facts of recognition;

A. On August 5, 2009, the Plaintiff decided to lease the lease deposit amount of KRW 20 million, monthly rent of KRW 800,000,000,000,000 from the Defendant for a period of one year from August 5, 2009 to August 4, 2010, the Plaintiff changed the lease deposit amount of KRW 50,000,000,000,000,000 from the Defendant for a period of one year from August 5, 2009 to KRW 950,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

(hereinafter referred to as the “instant lease contract”) B.

In August 2009, the Plaintiff paid KRW 5 million to the Defendant on August 1, 2009, and paid KRW 674,607 in total as long-term repair appropriations during the instant lease period.

C. The instant lease agreement was terminated on August 4, 2013 upon expiration of its validity, and the Plaintiff delivered the instant apartment to the Defendant on August 8, 2013.

At the time of termination of the lease, the rent in arrears of the Plaintiff remains 2.4 million won (=1.2 million won x 2) for the total of June and July 2013, but the Plaintiff paid 1.5 million won to the Defendant on August 6, 2013.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, evidence 6 through 8, Eul evidence 6 and 7, the purport of whole pleadings]

2. According to the above facts of determination as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 5 million for the lease deposit and KRW 900,000 for the long-term repair appropriations paid by the Plaintiff, plus KRW 674,607, which is the sum of KRW 5 million for the lease deposit and the long-term repair appropriations paid by the Plaintiff, minus KRW 900,000 for the delay of the Plaintiff (=5 million KRW 674,607-90,00)

3. Judgment on the defense

A. The Defendant asserts that from August 5, 2013, the day following the day when the instant lease contract was terminated, the rent of KRW 154,839 corresponding to the portion of the Plaintiff’s delivery of the instant apartment from August 8, 2013 to August 8, 2013, should be deducted from the Plaintiff’s claim amount.

In this case, the lease contract of this case terminated on August 4, 2013.

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