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1. The defendant received 19,068,094 won from the plaintiff, and C received 50,000,000 won from the plaintiff at the same time.
Reasons
1. Determination as to the cause of claim
A. In the relevant legal doctrine of a lease agreement, the lease deposit covers all the lessee’s obligations arising from the lease between the lease and the delivery of the object to the lessor after the termination of the lease agreement.
Therefore, the amount equivalent to the secured obligation is naturally deducted from the security deposit without a separate declaration of intention when the object is returned after the termination of the lease relationship, so the lessor is obligated to return only the remainder after deducting the secured obligation from the security deposit to the lessee.
In addition, unless there are special circumstances, such as that the lessee has agreed otherwise in the lease contract, the obligation of the lessee for the use and profit-making of the leased object, such as the management fee, water supply fee, electricity fee, etc., incurred for the use and profit-making of the leased object, shall be deemed to belong to the lessee's obligation guaranteed by the lease deposit due to
(see, e.g., Supreme Court Decision 2012Da19154, Jun. 28, 2012). B.
Facts of recognition
The following facts are not disputed between the parties, or acknowledged by adding the whole purport of the pleadings to each entry of Gap 1, 4 through 7, and 10.
1) On June 29, 2018, the Plaintiff is a building indicated in the list of real estate attached hereto and a building listed in the list of real estate attached hereto 2 (hereinafter “each of the instant buildings”) between the Defendant and the Defendant.
(2) The Defendant’s lease agreement to lease the lease deposit amount of KRW 100,000,000 per month from July 1, 2018 to June 30, 2020 to KRW 4.7 million per month from rent (payment on the first day of each month) (hereinafter “instant lease agreement”).
In addition, the Plaintiff and the Defendant agreed to the instant lease agreement that the lessor may terminate the instant lease agreement immediately if the annual rent of the Defendant, a lessee, reaches the amount of rent for a period of three months (the Plaintiff, a lessor, may terminate the instant lease agreement).