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1. The Defendant’s KRW 2,600,000 as well as 6% per annum from October 2, 2018 to March 21, 2019 to the Plaintiff.
Reasons
Basic Facts
A. On June 23, 2016, the Plaintiff leased, from the Defendant, the second or fourth floor (hereinafter referred to as “instant building”) of the lodging facilities, among the Defendant’s land C and D, the second or fourth floor (hereinafter referred to as “instant building”) located in the Dong-gu, Chungcheongnam-gu, Seoul, and D, for two years from July 1, 2016, the term of lease was set at KRW 15 million, and around that time, the Plaintiff paid KRW 300 million to the Defendant.
B. On September 28, 2018, the Plaintiff returned KRW 270 million out of the lease deposit to the Defendant, and around that time, delivered the instant building to the Defendant.
[Ground of recognition] In light of the facts without dispute, Gap's testimony, Eul's witness E's testimony, and the facts of the above recognition as to the ground of claim, the defendant is obligated to pay 4.7 million won and damages for delay to the plaintiff, except for the remaining lease deposit amount of KRW 30 million (= KRW 300 million - KRW 270 million - KRW 200 million), which shall be deducted by the plaintiff (i.e., unpaid monthly rent settlement amount of KRW 20 million and KRW 5.3 million 5 million).
The summary of the Defendant’s argument regarding the Defendant’s assertion ought to be deducted from KRW 4,70,00,000 for the lease deposit for which the Plaintiff seeks the return (hereinafter “the lease deposit of this case”), ① KRW 2.1 million for the cleaning expenses for the septic tank of the building of this case, ② KRW 3,736,00 for heating materials and repair expenses for household appliances damaged during the Plaintiff’s lease period, ③ interest for arrears incurred due to the Plaintiff’s delinquency in rent, ③ KRW 3,218,814 for delay in rent, ④ the rent that the Plaintiff failed to pay after December 2017.
If the defendant deducts this, there is no deposit to be paid to the plaintiff.
Judgment
1. In order to deduct the secured debt from the lease deposit, the lessor must claim that the overdue rent, overdue management fee, etc. should be deducted from the lease deposit, and further, there are causes such as the rent claim, management fee claim, etc. to be deducted from the lease deposit.