beta
Text
1. The Defendant’s KRW 34,981,60 for the Plaintiff and 5% per annum from July 27, 2017 to September 22, 2017.
Reasons
In full view of the purport of the argument as to the cause of the claim No. 1, the judgment of the Plaintiff entered into a lease agreement with the Defendant on March 30, 2015, with the condition that deposit money of KRW 35,000,000 and the lease period of KRW 35,00,000 from April 1, 2015 to April 1, 2017, it is recognized that the Plaintiff paid the Defendant the lease deposit of KRW 35,00,000,00, and that the lease agreement was terminated on April 1, 2017, the Defendant is obligated to pay the Plaintiff the lease deposit money of KRW 35,00,00 to the Plaintiff, barring any special circumstances.
As to the Defendant’s assertion, the Defendant asserted that the boiler of the instant house was cut off with the Plaintiff’s negligence, and the repair cost was 450,000 won, and that the Plaintiff did not pay the electricity cost of 18,400 won imposed on the instant house, and thus, the Plaintiff should deduct the KRW 468,400, which is its aggregate, from the lease deposit.
First of all, it is not sufficient to recognize the Plaintiff’s negligence that the boiler of the instant case was broken out solely on the basis of the Plaintiff’s statement No. 4, as to the assertion on the deduction of the boiler repair cost, and there is no other evidence to acknowledge this otherwise.
This part of the defendant's argument is without merit.
Next, in full view of the purport of the argument in the evidence No. 5 as to the claim on the deduction of electricity charges, 18,400 won was imposed from May 2015 to March 2016 during the term of lease stipulated in the above lease agreement as the electricity charges used in the instant house during the period of lease stipulated in the above lease agreement, and it is recognized that the Plaintiff did not pay it, which should be deducted from the lease deposit.
This part of the defendant's argument is justified.
In conclusion, the defendant shall pay to the plaintiff the remaining lease deposit of KRW 34,981,60 (=35,000,000 - KRW 18,400).