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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. The reasons for the acceptance of the judgment of the court of first instance are determined as follows, and except for the addition of “the aforementioned deposit was paid at that time” to the end of paragraph (a) of Article 1 of the reasoning of the judgment of first instance, the reasoning of the judgment of first instance is as stated in the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. First, the Defendant asserts that the management expenses incurred from September 2013 should be deducted from the security deposit, because Nonparty B, who entered into a verbal contract and died from September 2013.
The defendant and the non-party B did not have any evidence to prove the fact that the non-party B agreed to pay the management expenses to the defendant, and rather, according to the whole purport of the statement and pleading in the evidence No. 1, the defendant and the non-party B determined that the contract was "no management expenses" while entering into a lease contract
B. Next, the defendant asserts that since the non-party B's damage to the real estate of this case requires KRW 4,433,00 as the recovery cost, the recovery cost should be deducted from the deposit.
In the lease contract, the lease object was partially damaged.
Even if a lessee uses an object during the lease period, the economic assessment of the damaged part caused by the extinction of the object of lease is already reflected in the rent, etc., so it cannot be deemed that the lessee is obliged to restore the leased object as it is at the time when the lessee receives the leased object from the lessor. In special circumstances where the damaged value exceeds the degree of natural wear and tear or depreciation, the lessee is obliged to restore the leased object.
I would like to say.
However, the degree of damage to the real estate of this case by only the descriptions and images of the evidence Nos. 6 through 8 is the degree of natural math or depreciation.