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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. On June 15, 2012, the following facts are examined: ① the Plaintiff paid the Defendant a lease deposit amount of KRW 10,000,000,000 on the first floor of Seo-gu Incheon Metropolitan Building (hereinafter “instant commercial building”) from July 18, 2012 to July 17, 2014; ② the Plaintiff agreed to renew the instant lease contract from July 18, 2012 to July 17, 2014; ② the Plaintiff paid the Defendant a lease deposit of KRW 10,00,000,000 to monthly management expenses of KRW 50,000 (hereinafter “instant lease”); ③ the Plaintiff’s auction of the instant commercial building was commenced on or around April 2014; the Plaintiff did not express his/her intent to renew the lease agreement to the Defendant on May 18, 2014; or the Plaintiff did not express his/her intention to dispute the entire Plaintiff’s pleading between the parties; or the Plaintiff’s pleading of the first instance.
According to the above facts, the lease contract of this case was terminated upon the expiration of the period on July 17, 2014, and the plaintiff has a duty to pay the defendant the monthly rent of 3,600,000 won [the monthly rent of 8 months = (the monthly rent of 400,000 won x (the monthly rent of 50,000 won)] up to 8 months, and barring any special circumstance, the defendant is obligated to pay the plaintiff the remaining lease deposit of 6,40,000 won (the remaining lease deposit of 10,000,000 won - 3,60,000,000 won) and damages for delay.
2. Judgment on the defendant's defense
A. The gist of the Defendant’s assertion ① The Plaintiff transferred the instant commercial building to the Defendant only on May 10, 2015, and thus, the monthly rent and management expenses up to that time should be additionally deducted from the lease deposit.
② Since the Defendant paid KRW 322,650, which occurred while the Plaintiff used the instant commercial building, the amount should also be deducted from the deposit for lease.
③ Since the Plaintiff paid KRW 20,00 per month to the Defendant in addition to management expenses at the time of the instant lease agreement, the sum of unpaid water rates shall be 355.