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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 30, 2018, the Plaintiff entered into a lease agreement (the subsequent lease agreement from July 31, 2018 to July 30, 2020 to lease the property of KRW 2 million as deposit, monthly rent of KRW 200,000,000, and the period from July 31, 2018 to July 30, 2020.
B. On September 18, 2018, the Plaintiff sent to the Defendant a document evidencing that the instant lease contract was terminated because it did not perform the said contract several times, even though there was a problem such as water leakage and electric failure in the instant building, etc., and thus, the Plaintiff did not perform the said contract.
C. On November 21, 2018, the Plaintiff was a director of the instant building.
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, whole purport of pleading
2. Assertion and determination
A. The Plaintiff asserted that the instant lease contract was terminated, and the Defendant is obligated to refund KRW 1.4 million to the Plaintiff the balance of the deposit after deducting the rent of KRW 600,000 from September 2018 to November 201, 2018.
The defendant asserts that the plaintiff had already returned the deposit balance to the plaintiff.
B. In light of the circumstance that the Plaintiff notified the termination of the lease agreement, and the Defendant asserted that the instant lease contract was terminated on November 21, 2018, which the Plaintiff moved in from the instant building.
Upon termination of a lease agreement, the lessor is obligated to return the remainder after deducting the overdue rent, etc. from the deposit to the lessee. According to the evidence Nos. 1 and 2 of the evidence Nos. 1 and 2, the Defendant, prior to the filing date of the instant lawsuit, remitted the amount of KRW 200,000,000 to the Plaintiff on Nov. 15, 2018 and December 12, 2018, and transfers the amount of KRW 1260,000 to the Plaintiff (the Defendant deducted the amount calculated by deducting the amount of the deposit from the deposit to the date of residence of the Plaintiff).