(영문) 서울동부지방법원 2015.10.23 2014나7157

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(영문) 서울동부지방법원 2015.10.23 2014나7157

임대차보증금

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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The plaintiff (a counterclaim defendant) may file a counterclaim in the trial.

Reasons

1. Determination on the main claim

A. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Gap's evidence Nos. 1 and 2, the plaintiff leased a deposit amount of KRW 420,00,000 and KRW 901 (hereinafter "the apartment of this case") owned by the defendant from the defendant on July 6, 2013 to July 30, 2015, with the period from July 31, 2013 to July 31, 2015. The defendant and the plaintiff revoked the above lease contract on October 31, 2015. The plaintiff delivered the apartment of this case to the defendant, while the plaintiff delivered the apartment of this case to the defendant, the plaintiff returned the remainder of KRW 5,00,000 out of the deposit amount to the plaintiff as a replacement expense for apartment floor, etc., and it is recognized that the plaintiff returned the apartment of this case to the plaintiff.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the deposit amount of KRW 5,00,000,000 and damages for delay, unless there are special circumstances.

B. On the judgment of the defendant's defense, the defendant asserts that there is no deposit to return because the sum of the 4,700,000 apartment floor repair costs, the unpaid management costs, the unpaid urban gas charges of KRW 809,380, and the unpaid urban gas charges of KRW 5,720,350 should be deducted from the deposit.

First, considering the part of the apartment repair cost of KRW 4,700,000, there is no evidence to prove that the apartment floor was damaged due to the plaintiff's fault, so this part of the defendant's claim for deduction is without merit.

Then, according to the records in subparagraph 3-2 and 3-3 of the Evidence No. 3-2, the Plaintiff settled unpaid management fees, etc. by paying KRW 1,00,000 to the Defendant, in the course of transferring the apartment of this case to the new wall on November 1, 2013 according to the overall purport of the pleadings, even though the Plaintiff was aware that the total amount of unpaid management fees and urban gas fees for the three-month period during which the Plaintiff leased the apartment of this case was 1,020,350.

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