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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On August 24, 2014, the Plaintiff entered into a lease agreement with the Defendant with regard to the second floor of the land (hereinafter “instant real estate”) of the Young-gu, Busan Metropolitan City (hereinafter “instant real estate”) during the lease period from August 24, 2014 to August 23, 2016; the lease deposit amount of KRW 5 million (hereinafter “instant lease deposit”); and the monthly rent of KRW 180,000 (hereinafter “instant lease agreement”); on the same day, the Plaintiff paid KRW 2 million to the Defendant and KRW 3 million on August 27, 2016.
B. The Plaintiff delivered the instant real estate to the Defendant on July 30, 2016, and the instant lease agreement terminated on August 23, 2016.
C. The defendant paid 4 million won out of the lease deposit of this case to the plaintiff, but the remaining one million won has not been paid up to now.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the unpaid lease deposit of one million won, 5% per annum from August 24, 2016 to the delivery date of a copy of the complaint of this case from August 24, 2016 to the delivery date of a copy of the complaint of this case, and 15% per annum from the next day to the day of full payment under the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc.
3. Judgment on the defendant's assertion
A. The Defendant asserts that the second floor was damaged while the Plaintiff leased the instant real estate, and that approximately KRW 1 million will be disbursed as repair costs due to the occurrence of defects in the instant real estate, such as boiler failure, etc., which led to the Defendant’s assertion to the effect that one million of the lease deposit of this case cannot be returned.
B. 1) A lessor is obligated to maintain the conditions necessary for the use and profit-making of the leased object while the lease is in existence (Article 623 of the Civil Act). If the leased object has been damaged or hindered, the lessor is obligated to repair it.
(2) this is applicable to this case.