(영문) 수원지방법원 안산지원 2018.10.30 2017가단59065

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(영문) 수원지방법원 안산지원 2018.10.30 2017가단59065

보증금반환

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1. The Defendant shall pay to the Plaintiff KRW 5,950,00 and the interest rate of KRW 15% per annum from June 21, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On February 29, 2012, the Plaintiff entered into a lease agreement with the Defendant on the fourth floor among the multi-family houses on the ground of the Yongsan-gu common house in Ansan-si, Ansan-si (hereinafter “instant house”), and began to reside after being handed over the instant house from March 19, 2012.

On March 17, 2016, the Plaintiff agreed to renew the lease agreement with the Defendant on the instant housing at KRW 2 years from the date of the said contract, KRW 90 million, and KRW 400,000 per month from the date of the said contract for lease.

B. On May 29, 2017, the Plaintiff demanded on May 29, 2017 that the Plaintiff would return the lease deposit to the Plaintiff by June 20, 2017, because the Plaintiff could no longer reside due to a large rats in the instant housing, and the Plaintiff would return the lease deposit to the Plaintiff.

Accordingly, the Plaintiff delivered the instant house to the Defendant on June 2, 2017.

C. The Plaintiff filed the instant lawsuit against the Defendant seeking the return of the lease deposit. On July 17, 2017, the Defendant deposited the remainder of the lease deposit (No. 2061 of this court in 2017) with the exception of the amount of KRW 5,950,000,000, claiming the restitution of the lease deposit (No. 2061 of this court).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence No. 3 and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Defendant is obligated to return to the Plaintiff KRW 5,950,000,00 not yet returned out of the lease deposit. At the time of the first lease of the instant house, the Defendant did not newly surrender the leased house, and there was no change in the status of the leased object during the Plaintiff’s residence, and the garbage and malodor that occurred in the tent inhabited in the tent do not constitute the lessee’s negligence. Therefore, the Plaintiff does not bear the duty of restoration to the Defendant. 2) The Plaintiff damaged the instant house during the lease term, as set forth below, and the Plaintiff totaled KRW 5,950,00,

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