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1. The Defendant’s KRW 46,092,139 as well as the Plaintiff’s KRW 5% per annum from June 16, 2018 to May 16, 2019.
Reasons
1. Basic facts
A. On April 23, 2016, the Plaintiff entered into a lease agreement with the Defendant and the Seocho-gu Seoul Metropolitan Government D Apartment E (hereinafter “instant apartment”) to lease the lease deposit amount of KRW 400 million, monthly rent of KRW 700,000,000, and the lease term from April 25, 2016 to April 24, 2018 (hereinafter “instant lease agreement”).
B. From April 25, 2016, the Plaintiff resided in the instant apartment from around April 25, 2016, and delivered the instant apartment to the Defendant on June 15, 2018.
C. On June 15, 2018, the Defendant returned KRW 350 million out of KRW 400 million to the Plaintiff, and additionally returned KRW 3,852,182 on June 20, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-2, the purport of the whole pleadings
2. The Plaintiff’s assertion of the parties concerned seeks payment of KRW 46,147,818, which the Defendant did not return, and the Defendant asserts that the said money was not obligated to pay since it was the amount deducted from the deposit for lease due to delayed delivery, compensation for damages, overdue rent and management expenses, delayed additional charges, unjust enrichment, and restoration expenses.
3. Determination
A. Since the instant lease agreement, based on the judgment on the cause of the Plaintiff’s claim, expired on April 24, 2019, the Defendant is obligated to refund the unpaid amount out of the lease deposit to the Plaintiff, barring any special circumstance.
B. The defendant, who deducted the damage compensation from the delay in delivery of the defendant's defense of deduction 1, caused the damage by the delivery of the apartment after the termination of the lease contract of this case, so the amount equivalent to the down payment under Article 7 of the lease contract of this case shall be deducted as the compensation for
Since the duty to return the leased object and the duty to return the lease deposit of the lessor arising from the termination of the lease contract are concurrently performed, the lessor is obligated to return the lease deposit or lawful.