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1. The Defendant’s KRW 32,176,00 for the Plaintiff and KRW 5% per annum from December 28, 2018 to May 29, 2019.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Nos. 1 and 2, the Plaintiff leased from the Defendant, on January 27, 201, the deposit KRW 33,000,000 (no rent is monthly) and the period from January 27, 2011, and paid KRW 33,000,000 to the Defendant on the same day, and began to reside after delivery of the instant loan from around that day. The Plaintiff moved to another place after notifying the Defendant of the termination of the said lease contract on or around April 20, 2015, and the Defendant received such notification at around that time, and there is no counter-proof.
According to this, the above lease contract was implicitly renewed, and it was lawfully terminated as of July 20, 2017, which was 3 months from April 20, 2017 when the defendant received the notice of termination from the lessee.
Therefore, barring special circumstances, the defendant is obligated to pay the deposit amount of KRW 33,000,000 and delay damages to the plaintiff.
2. Judgment on the defense
A. Although it is necessary to verify whether or not the goods, such as television, laundry, cooling, air conditioners, and gas sirens, installed by the Defendant on the instant loan, and the facilities inside the building have been damaged, the Plaintiff’s failure to cooperate therewith, and whether or not the payment of electricity and gas charges used by the Plaintiff has been made in full, and the unpaid management expenses (from January 27, 2011 to January 26, 201, until January 2013) and 3,60,000 won (from January 27, 2013 to January 26, 2019) to be paid by the Plaintiff should be deducted, and the obligation to pay deposits at the same time as the receipt of the instant loan from the Plaintiff.
B. Determination 1: (a) the Plaintiff notified the Defendant at around 2015 and moved to another place from the loan of this case; and (b) the Defendant, without the Plaintiff’s cooperation, posted the television, washing machine, and cooling machine installed on the loan of this case.