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1. The Plaintiff:
A. Defendant B’s KRW 6,621,754 as well as 6% per annum from November 21, 2014 to January 22, 2016.
Reasons
1. Determination as to the claim against the defendant B
A. (1) On October 12, 2009, the Plaintiff entered into a lease agreement with Defendant B, who is engaged in real estate leasing business on April 12, 2009, with a lease deposit of KRW 28 million, monthly rent of KRW 1 million (excluding value-added tax), and a lease agreement between October 16, 2009 and 24 months (hereinafter “instant lease agreement”).
(2) The Plaintiff paid the lease deposit to Defendant B pursuant to the instant lease agreement, and operated a private teaching institute, which was handed over the instant commercial building.
(3) The instant lease agreement was terminated on October 15, 2014, and the Plaintiff transferred the instant commercial building to Defendant B on the same day.
(4) Defendant B returned to the Plaintiff KRW 14,834,360, out of KRW 28,000,000, the sum of KRW 3 million on October 16, 2014, and KRW 11,834,360 on November 21, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 4, Gap evidence 9 through Gap evidence 11, Eul evidence 6, Eul evidence 7, and the purport of whole pleadings.
B. The plaintiff asserted that Defendant B voluntarily deducted KRW 13,165,640 from the lease deposit of this case and returned only the remaining amount to the plaintiff. Of the deducted amount, it is justifiable to deduct the portion of the overdue rent of KRW 4.4 million, the management fee of KRW 313,500, the management fee of KRW 72,740, the electricity tax of KRW 72,740, the restoration cost of KRW 1.500,000, the restoration cost of KRW 6,286,240, and the excess portion is unfair, and therefore, Defendant B is liable to pay the plaintiff the difference of KRW 6,879,40, and the delay
C. (1) The instant lease agreement was terminated on October 15, 2014, and the Plaintiff recognized as prior to the delivery of the instant commercial building on the same day to Defendant B, barring any special circumstance, Defendant B is obligated to refund the instant lease deposit to the Plaintiff, barring any special circumstance.
However, the lease deposit is subject to the object after the lease contract is terminated.