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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 14,839,187 as well as to the plaintiff on June 2017.
Reasons
1. Basic facts
A. On June 19, 2013, the Plaintiff leased the lease deposit amount of KRW 155,000,000 from the Defendant, Nowon-gu, Seoul Special Metropolitan City (hereinafter “instant apartment”) by setting the lease deposit amount of KRW 155,00,00, and paid KRW 155,00,000 to the Defendant on June 19, 2015 (hereinafter “instant lease contract”).
B. On June 6, 2015, the Plaintiff agreed to increase the lease deposit of this case with the Defendant to KRW 190,000,000 and to extend the lease term to June 19, 2017. The Plaintiff paid KRW 35,00,000 to the Defendant for increased lease deposit.
C. On April 2017, the Plaintiff expressed to the Defendant that he would not renew the instant lease agreement. D.
On June 19, 2017, the expiration date of the instant lease agreement, the Plaintiff removed from the instant apartment.
E. On June 30, 2017, the Plaintiff received the order of lease registration on the instant real estate from the Seoul Northern District Court (Seoul Northern District Court 2017Kadan10044), and on July 13, 2017, registered the instant real estate lease registration.
F. On July 3, 2017, the Defendant deposited KRW 172,769,980,020, total of KRW 172,769,980, and KRW 948,340, and KRW 173,718,320 (Seoul Northern District Court Decision 2017Da3101), on the ground that the deposited person was the Plaintiff, and the Plaintiff did not pay KRW 17,230,020 ( KRW 190,000,000) for the remainder of the lease deposit on the ground that the amount of KRW 17,769,769,980 claimed by the Defendant was deducted from the cost of restoring the apartment in this case.
[Reasons for Recognition] Facts without dispute, Gap evidence 6, Eul evidence 1 and 12 are included in each number, below.