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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 9,000,000 and the defendant shall pay to the plaintiff July 19, 2016.
Reasons
1. Basic facts
A. On August 13, 2005, the Plaintiff entered into a lease agreement with the Defendant on the three floors of the building D located in the Suwon-si District owned by the Defendant under the name of his spouse C by setting the lease deposit of KRW 10 million, monthly rent of KRW 500,000,000, and the lease term of KRW 24 months from August 19, 2005. At the time, the Plaintiff received receipts from the Defendant for KRW 10 million.
B. On August 12, 2009, the Plaintiff, while residing in the above real estate, changed the name of the lessee to the Plaintiff, and entered into a modified contract with the Defendant for the lease deposit of KRW 10 million, monthly rent of KRW 600,000,000, and from August 19, 2009, with the term of lease from August 19, 2009 (hereinafter “instant lease modification contract”). On August 19, 2009, the Plaintiff received a receipt for KRW 10,000,000 from the Defendant’s deposit (Evidence 1).
C. On July 11, 2016, the Plaintiff expressed his/her intent to refuse the renewal of the lease agreement to the Defendant and moved to another place after requesting the return of the deposit upon the expiration of the period. On July 18, 2016, the Defendant paid KRW 1 million to the Plaintiff as the lease deposit.
[Reasons for Recognition] Evidence Nos. 1 through 3, Evidence No. 2, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, since the lease contract of this case was terminated on July 18, 2016 with the expiration date of July 18, 2016, the Defendant is obligated to pay to the Plaintiff the lease deposit amount of KRW 9 million (=10 million -1 million) and to pay damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from July 19, 2016 to November 8, 2017, the date following the expiration date of the lease contract, which is the day following the expiration date of the lease contract, which is deemed reasonable for the Defendant to dispute the existence or scope of the obligation to pay to the Plaintiff.
The plaintiff and the defendant concluded the first lease contract on August 13, 2005, and the lease deposit amount is KRW 10 million.