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1. The Defendant’s KRW 1,008,157 as well as the Plaintiff’s KRW 5% per annum from June 29, 2016 to November 17, 2016.
Reasons
1. Basic facts
A. On September 25, 201, the Plaintiff leased KRW 230,000,00 of the lease deposit to the Defendant (hereinafter referred to as the “instant building”) of Yongsan-gu Seoul Building 214, 701 (hereinafter referred to as the “instant building”). On September 25, 2013, the lease contract was extended by setting the lease term from September 25, 2013 to September 24, 2015.
B. Upon termination of the above lease agreement, the Plaintiff returned the lease deposit by paying the Defendant the sum of KRW 232,420,000,000 on September 11, 2015, KRW 180,000 on September 21, 2015, and KRW 1,580,000 on October 7, 2015, and KRW 259,980,00 on October 7, 2015. The remainder of KRW 742,126, which was deducted by the Defendant’s unpaid management expenses from KRW 974,546 on the long-term repair appropriations, was delivered to the Defendant on October 16, 2015.
C. As water leakage has occurred in the instant building, the Plaintiff requested D, who is a research business entity, to perform water leakage repair works. On October 7, 2015, workers were to arrive in and perform part of the instant building for water leakage repair works, but the Defendant failed to perform water leakage repair works when the workers were discharged from the instant building.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Claims for damages arising from delay delivery of the building of this case
A. The Plaintiff’s assertion that the Defendant could not perform water leakage prevention works, and the Plaintiff claimed damages for which the workers dispatched by D for the said construction works did not work, and the Plaintiff paid KRW 1,100,000 to D on October 14, 2015. Thus, the Defendant asserts that the Defendant is liable for compensating the Plaintiff for damages.
B. Since the duty to return the lessee’s object and the duty to return the lessor’s deposit arising from the termination of the judgment lease agreement are concurrently performed, the lessor is obligated to return the remainder of the lease deposit or lawful.