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The judgment of the first instance shall be revoked.
Defendant’s KRW 4,710,940 and KRW 380,00 among the Plaintiff’s KRW 4,710,940 and KRW 380,00 on December 31, 2017.
Reasons
1. Facts of recognition;
A. On July 29, 2016, the Plaintiff leased a rental deposit of KRW 5,00,000,000, monthly rent of KRW 3,80,000 (in the event that the instant apartment is paid in advance, on the 30th day of each month, by adding the damages for delay by 2%) to the Defendant, from July 30, 2016 to July 29, 2018.
B. Since then, the Defendant resided in the instant apartment and did not pay the tea from October 30, 2016, and was a director in the instant apartment around September 2018.
C. In addition, the Defendant did not pay the management expenses incurred while residing in the apartment in the instant apartment, but did not pay them. The unpaid management expenses in arrears by the Defendant up to the time of the director’s dissolution are KRW 2,050,940.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings
2. According to the above findings of determination, the above rental deposit is appropriated for 14 months from October 30, 2016 to November 30, 2017 (i.e., 5,320,000 won x 14) as the Plaintiff claims deductions; 2,60,000 won from December 30, 2017 to June 30, 2018 (i.e., 380,000 won x 380,000 won (i.e., 380,000 won x 7. 380,000) from June 30, 208; 2,000,000 won from March 1, 208; 3,000,000 won from March 2, 208; and 3,000,000 won from March 2, 200, 2010.