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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. According to the overall purport of evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff: (a) leased on September 12, 2012, 110,000,000 of the lease deposit money; and (b) on November 7, 2012, the lease deposit amount of KRW 11,00,000 on the date of the contract; and (c) paid the Defendant KRW 110,000,000 on the lease deposit amount of KRW 19,00,000 on November 7, 2012, and thereafter received the instant real estate from the Defendant on November 21, 2012; and (d) the Plaintiff and the Defendant agreed to return the said lease deposit to the Defendant on November 21, 2014; and (e) the Plaintiff did not return the lease deposit to the Defendant on October 15, 2014.
Therefore, the Defendant is obligated to pay to the Plaintiff 5,400,000 won and damages for delay at each rate of 5% per annum prescribed by the Civil Act from November 22, 2014 to January 30, 2015, the delivery date of a copy of the instant complaint from November 22, 2014, and 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. As to the Defendant’s assertion, the Defendant asserted that the Plaintiff did not have a duty to respond to the Plaintiff’s claim for the return of the lease deposit, as the Plaintiff transferred the wall surface of the instant real estate to another remote area with a different color, and destroyed the floor board, burier, and boiler.
According to the overall purport of the statement, video and pleadings, as stated in Gap evidence 3, Eul evidence 2-2, Eul evidence 2-2, 3, 4, 5, and 6, the plaintiff received the real estate of this case and transferred the wall of this case to other remote areas with a different color, installed a new decoration on the floor, and on November 21, 2014, the plaintiff was a gold in the toilet of the real estate of this case at the time of delivering the real estate of this case to the defendant, and there were several pieces of dogs that were not on the wall of this case.