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1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:
The defendant.
Reasons
1. Basic facts
A. On September 28, 2011, the Plaintiff leased the lease deposit amount of KRW 200 million, KRW 1500,000 per month, and KRW 24 months from December 20, 201, the lease term of KRW 103 Dong 1105 (hereinafter “instant lease”).
(hereinafter “instant lease agreement”). B.
The lease contract of this case was terminated upon the expiration of the period, and around December 19, 2013, the Plaintiff delivered the leased portion to the Defendant, but the Defendant returned KRW 190 million out of the deposit KRW 200 million to the Plaintiff on the ground that it is necessary to settle the cost of restoration, etc.
[Ground of recognition] Facts without dispute, Gap 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 of this case terminated at the expiration of the period, barring special circumstances, the defendant is obligated to pay to the plaintiff 920,000 won (=200,000 won - 199,000,000 won - 80,000 won) with the remainder of the deposit excluding the repair cost of the light, etc. that the plaintiff deducted from the amount that the plaintiff deducted from the amount that is not refunded to the plaintiff from one million won, and to pay damages for delay at each rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 13, 2014, which is the day following the delivery of a copy of the complaint of this case, to the extent and the existence of the obligation and the scope thereof, from September 13, 2014 to December 9, 2015.
3. The defendant's assertion and judgment
A. The Plaintiff’s neglecting the management of the leased portion of the instant case, which caused damage to nearby households due to the occurrence of tap water by a water manager, damage to remote areas, damage to electric lights, etc., and compensate for the damage therefrom. The lease deposit under the instant lease agreement does not remain to be paid to the Plaintiff any more when deducting the amount of compensation from the lease deposit under the instant lease agreement.
(b) judgment (1).