Text
1. The Defendant: (a) KRW 4,622,800 for the Plaintiff and KRW 5% per annum from August 18, 2017 to March 29, 2018; and (b).
Reasons
1. Facts of recognition;
A. On December 20, 2014, the Plaintiff leased from the Defendant the Seoul Mapo-gu Seoul metropolitan apartment (hereinafter “instant real estate”) KRW 304 Dong503 (hereinafter “instant real estate”) for the term of the contract from January 31, 2015 to January 30, 2017, and the deposit amount was KRW 450 million.
(hereinafter “instant lease agreement”). B.
On April 17, 2017, after the expiration of the instant lease agreement term, the Plaintiff agreed to extend the instant lease term to July 17, 2017 and pay the rent of KRW 500,000 per month retroactively from February 2017.
C. The Plaintiff handed over the instant real estate on May 22, 2017, and paid the monthly rent from February 2017 to April of the same year, but did not pay the monthly rent from May 2017.
On August 27, 2017, the Defendant returned to the Plaintiff the principal amount of KRW 50 million out of the deposit, and only returned KRW 397.6 million on September 20, 2017, the Defendant did not pay interest for delay on the deposit.
E. The reserves for long-term repairs paid by the Plaintiff on behalf of the Defendant are KRW 169,690.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above findings of the determination on the cause of the claim, the instant lease agreement was terminated upon the expiration of the period extended on July 17, 2017, and the Plaintiff delivered the instant real estate prior to the expiration of the extended period. As such, the Defendant is obligated to pay the Plaintiff the money calculated as follows.
(1) The amount of unpaid deposit and the amount of the long-term repair appropriations returned ① KRW 946,720,000 ( KRW 450,000,000 - KRW 447,60,000 in total) that the Plaintiff was not paid from May 1, 2017 to July 17, 2017, the monthly rent of KRW 1,274,193 (one million x 500,000 x 17 days x 31 days) and the remainder obtained by deducting the amount of KRW 5,30,00 from the amount of unpaid deposit KRW 2,40,477 - KRW 1,274,274, 193; and