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Reasons
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(영문) 서울남부지방법원 2017.10.20 2017나51554
임대차보증금
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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. Basic facts

A. On June 23, 2015, the Plaintiff leased (hereinafter referred to as “instant lease agreement”) the lease deposit of KRW 10 million, monthly rent of KRW 90,000,000 (pre-payment on July 24, 2015) from the Defendant for the use of the instant lease agreement delivered from July 24, 2015 to July 23, 2016, and the Plaintiff terminated the instant lease agreement and delivered the instant real estate to the Defendant on March 4, 2016.

B. The plaintiff is from July 24, 2015 to the defendant for the same year.

9. Until March 23, 2000 won for rent of KRW 1.8 million and delayed payment of rent of KRW 1.8 million thereafter. The long-term repair appropriations paid by the Plaintiff on behalf of the Defendant during the lease period (from July 27, 2015 to March 4, 2016) is KRW 40,570. (c) The Defendant paid KRW 3,880,000 to the Plaintiff while the remainder after deducting the overdue rent from the lease deposit was deducted from the lease deposit. [The fact that there is no dispute over recognition, evidence No. 1, 2, and evidence No. 1, and the purport of the entire pleadings, as a whole, the purport of the entire pleadings.

2. Judgment on the plaintiff's claim

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 5,170,000,000 for the lease deposit after deducting the rent of KRW 4,830,000 from the lease deposit of KRW 10,000 (one-one day of September 24, 2015 to March 4, 2016) and the long-term repair appropriations of KRW 40,570 paid by the Plaintiff on behalf of the Defendant, but the Defendant paid KRW 380,00,00 to the Plaintiff. However, the Defendant paid the remainder of KRW 1,330,570 (= KRW 5,210,570 - KRW 3,880,00).

Therefore, the defendant is obligated to pay to the plaintiff the balance of lease deposit and long-term repair appropriations 1,30,570 won, and damages for delay calculated at the rate of 15% per annum from May 11, 2016 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order.

B. As to this, the defendant has the real estate of this case.

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