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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
Reasons
1. Basic facts
A. On March 19, 2016, the Plaintiff entered into a contract with the Defendant for leasing C Apartment D (hereinafter “instant apartment”) at the time from April 11, 2016 to April 10, 2018 with the lease deposit amount of KRW 80,000 (hereinafter “instant lease contract”).
B. On February 13, 2018, the Plaintiff removed from the instant apartment. The total amount of the long-term repair appropriations paid from April 1, 2016 to February 13, 2018, which the Plaintiff resided in the instant apartment, is KRW 439,730.
C. On May 19, 2018, the Defendant transferred KRW 322,260 to the account under the Plaintiff’s name.
The Plaintiff did not pay the management expenses of the instant apartment from March 1, 2018 to April 11, 2018 and KRW 167,070,070 (including the long-term repair appropriations of March 2018, including KRW 22,840).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, and Eul evidence 1, the purport of the whole pleadings
2. Determination
A. According to the above facts, since the defendant, the owner of the apartment of this case, paid the long-term repair appropriations 439,730 won to be paid by the plaintiff, the defendant is obligated to pay the above money to the plaintiff.
B. As to this, the Defendant’s defense that the Plaintiff offsets the Plaintiff’s claim on the long-term repair appropriations, the Defendant is obligated to pay KRW 14,230,00 calculated by deducting KRW 167,070 from KRW 167,070 and KRW 22,840 from KRW 22,840 from the above amount as seen earlier. As such, the Plaintiff is obligated to pay the Defendant KRW 14,230,00, which is the set-off date, as the Plaintiff’s claim on the long-term repair appropriations arrives, and the Plaintiff’s claim on the long-term repair appropriations of this case, which is the set-off date, was extinguished within the scope equivalent to the Defendant’s claim on April 10, 2018, which is the set-off date.
C. Also, as seen earlier, the Defendant’s offset against the Plaintiff on May 19, 2018.