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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. Basic facts
A. On December 3, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease the instant building from the Defendant during the period from January 9, 2015 to February 28, 2017 (hereinafter “instant lease agreement”) to operate a childcare center by using the Defendant’s business registration that had been operating the childcare center (hereinafter “instant building”). At that time, the Plaintiff was handed down a lease agreement with the Defendant to lease the instant building from January 3, 2014 to February 28, 2017 (hereinafter “instant lease agreement”).
Since July 2015, the original defendant agreed to pay the monthly rent from July 2015 by the method of deducting the lease deposit from the lease deposit.
B. On December 31, 2016, the Plaintiff and the Defendant agreed on the instant lease agreement, and the Plaintiff delivered the instant building to the Defendant on the same day.
C. The rent that occurred from July 2015 to December 2016, which was agreed to be paid by the original Defendant in the way of deducting the monthly rent from the lease deposit, is the sum of KRW 14,400,000.
The child-care center basic childcare fees of KRW 812,00 was paid to the Defendant during the instant lease agreement period.
E. On December 26, 2016, the Defendant returned KRW 20,000,000 to the Plaintiff out of the lease deposit.
F. On December 31, 2016, the Plaintiff asserted that the long-term repair appropriations of KRW 230,080,080, which occurred in relation to the instant building, were KRW 230,480 in the instant warden. However, according to the evidence No. 3, the long-term repair appropriations are KRW 230,080 in accordance with the statement No. 3.
A. The payment was made.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 3 and 4, the purport of the whole pleadings
2. Determination
A. According to the fact that the obligation to return the lease deposit, etc. was established, the instant lease contract was terminated on December 31, 2016, and thus, the Defendant, barring any special circumstance, was 50.50.