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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. Facts of recognition;
A. On December 4, 2014, the Plaintiff (Lessee) entered into a lease agreement with the Defendant (Lessee) on the second floor of the housing located in Daegu-gu (hereinafter “instant housing”) with the terms of KRW 30 million, monthly rent of KRW 350,000,000, monthly rent of KRW 3500,000, and the term of lease from December 10, 2014 to December 9, 2016 (hereinafter “instant lease agreement”). Around that time, the Plaintiff paid KRW 30,000,000 to the Defendant the lease deposit.
B. On December 10, 2016, the Plaintiff returned the instant house to the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination
A. According to the above findings of the determination on the cause of the claim, the instant lease agreement was terminated on December 9, 2016, and thus, barring any special circumstance, the Defendant is obligated to refund the deposit amount of KRW 30 million to the Plaintiff and pay damages for delay.
B. The defendant's assertion argues that since the plaintiff resided in the house of this case and damaged the above house to the extent that the amount equivalent to KRW 8,950,000 for the repair cost is required, the plaintiff and the defendant agreed to refund the lease deposit after deducting the repair cost for the above damaged portion, it is sufficient to refund the lease deposit amount to KRW 25 million.
In this case, the instant lease contract was concluded and delivered to the Plaintiff after the lapse of 30 years from the date on which the instant housing was already constructed.
Each quotation (Evidence B No. 1 and 3) submitted by the Defendant is not calculated based on the housing condition as of December 4, 2014, based on which the Plaintiff and the Defendant concluded the instant lease agreement, and from that time, calculated the objective cost required for the Plaintiff to repair the destroyed or damaged portion that occurred beyond the ordinary scope of deterioration during the period until December 10, 2016, when the Plaintiff re-transfers the housing to the Defendant following the termination of the lease agreement.