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Reasons
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(영문) 부산지방법원 2018.01.19 2017나6112
임대차보증금
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On April 11, 2012, the Plaintiff leased the lease deposit amount of KRW 35 million, monthly rent of KRW 1.8 million (payment on April 11), April 11, 2012, the lease deposit period of KRW 24 months from the Defendant to April 11, 2014 (hereinafter “instant lease contract”), and thereafter, paid KRW 35 million to the Defendant around that time.

B. On April 14, 2014, the Plaintiff and the Defendant whose lease term has expired and renewed the instant lease under the same condition as the lease deposit and monthly rent, setting the lease term from April 11, 2014 to April 11, 2015, and the said lease was renewed without setting the period even after the expiration of the lease term.

C. On January 9, 2017, the Plaintiff terminated the instant lease agreement with the Defendant, and around January 12, 2017, the Plaintiff was returned from the Defendant KRW 3,1530,00,000, which is a part of the lease deposit under the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the lease contract of this case was terminated, the Defendant is obligated to pay the Plaintiff the remainder of the lease deposit (=35 million won for the lease deposit - the refunded lease deposit KRW 31530,000 for the lease deposit) and damages for delay.

3. Determination on the assertion of mutual aid

A. On April 11, 2014, the Plaintiff and the Defendant agreed to renew the instant lease agreement and to increase the existing rent of KRW 1,80,000 from July 2015 to KRW 1,950,000. As such, the Plaintiff notified the Defendant of his/her intention to increase the rent of KRW 1,950,000,00,000. As such, the Plaintiff paid the Plaintiff the rent of KRW 2,970,00 for the 18-month period from July 11, 2015 to January 9, 2017 (=1,50,000 x value-added tax 2,70,000).

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