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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a lease contract with the Defendant by setting the lease on a deposit basis on December 15, 2008 with the term of 77 million won from December 25, 2008 to December 25, 2010 with respect to the Busan East-gu Carryover D (hereinafter “instant real estate”). The Plaintiff entered into a lease contract with the Defendant by setting the lease term from October 14, 2010 to December 25, 2012, by setting the lease term of 88 million won on deposit basis, and the period from December 26, 2010 to December 25, 2012. The Plaintiff entered into the lease contract by setting the lease term from October 16, 2012 to December 25, 2014.
B. On April 28, 2015, the Defendant filed an application for the auction of real estate rent to Busan District Court E with respect to the instant real estate on April 28, 2015, in which the Plaintiff did not refund KRW 70 million out of the deposit money after the termination of the lease contract, and the said court rendered a decision to commence the auction on May 14, 2015.
C. The Plaintiff brought a lawsuit claiming damages of KRW 141,065,00 in total, including claiming damages of KRW 141,065,00,00, for the following reasons: (a) the Plaintiff, while residing in the instant real estate, had arbitrarily collected or lost boilers, air conditioners, entrance doors, and damaged the ceiling and parking lot facilities in a ward and a small room; (b) the Plaintiff suffered damages of KRW 32,296,00 in total as an amount equivalent to the repair cost or replacement cost; and (c) incurred damages of KRW 1,060,50 in advertising expenses, etc. to seek new tenants; and (d) the Defendant had suffered damages equivalent to the lost income of KRW 20,00,000 due to the Defendant’s obstruction of entering into a lease agreement; and (e) on the grounds that the Defendants’ acts were suffering from mental distress.
(B) On September 8, 2016, the above court accepted 294,800 won and damages for delay for the damage caused by the small door damage among the plaintiff's claims, and rendered a judgment dismissing the remainder of the claims. D.
The plaintiff filed an appeal (Seoul High Court 2016Na2536) in the above judgment, and the defendant shall pay the plaintiff the deposit money return obligation to the appellate court.