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1. The defendant shall be the plaintiff.
(a) Zone D Apartment E, one parcel outside Sejong Special Self-Governing City, and
(b) 6,742,930 Won; and
Reasons
1. Facts of recognition;
A. On March 11, 2017, the Plaintiff and the Defendant concluded a lease agreement with D Apartment E (hereinafter “instant real estate”) under the terms of lease deposit of KRW 20 million, monthly rent of KRW 8 million (payment on 11st day of each month), and KRW 8 million (hereinafter “instant lease agreement”).
B. On March 11, 2017, the Defendant paid a deposit of KRW 20 million to the Plaintiff in accordance with the instant lease agreement and occupied the instant real estate.
C. However, the Defendant did not pay KRW 26,742,930, including the aggregate of monthly rent of 27 months as of November 2019, and KRW 5,142,930, etc. as of September 2019.
Accordingly, on October 4, 2019, the Plaintiff terminated the instant lease contract by serving a duplicate of the complaint of this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to order the plaintiff to suspend the real estate of this case and pay the above arrears of 26,742,930 won and delay damages.
On the other hand, the defendant deducteds the overdue rent from the lease deposit of this case. On the other hand, the defendant asserts that he could not respond to the plaintiff's claim because he would be a director around December 2019 and the management fee in arrears is settled at that time.
In a lease agreement, a security deposit for lease is to secure all the obligations of a lessee arising from the lease until the lease is ordered to the lessor after the termination of the lease agreement. The amount equivalent to the secured obligation is naturally deducted from a security deposit without any separate declaration of intention, barring any special circumstance, when the object is returned after the termination of the lease agreement. Therefore, the lessor is obligated to refund only the remainder after deducting the secured obligation from the security deposit to the lessee.
(see, e.g., Supreme Court Decision 2005Da8323, 8330, Sept. 28, 2005). As seen earlier, the Defendant’s total amount as of November 2019.