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Reasons
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(영문) 서울중앙지방법원 2020.02.18 2019나43988
임대차보증금 청구의 소
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1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) that exceeds the following payment order.

Reasons

1. Facts of recognition;

A. On August 28, 2017, the Plaintiff entered into a lease agreement with the Defendant to lease the Gwanak-gu Seoul Special Metropolitan City C and D (hereinafter “instant building”) with a deposit of KRW 30,000,000, monthly rent of KRW 200,000, and the period from August 28, 2017 to August 27, 2018 (hereinafter “instant lease agreement”), and paid KRW 30,000,000 to the Defendant on the same day.

B. On February 20, 2018, the Plaintiff and the Defendant decided to increase the deposit amount of the instant lease agreement to KRW 35,000,000 and to reduce the rent to KRW 150,000 per month. The Plaintiff paid KRW 5,00,000 to the Defendant on the same day.

C. On August 22, 2018, the Plaintiff delivered the instant building to the Defendant.

The rent and public charge that the Plaintiff failed to pay to the Defendant by August 27, 2018 are KRW 621,331 in total (i.e., KRW 300,000, KRW 321,331).

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination on the main claim

A. According to the fact that the Defendant’s obligation to return the deposit expired on August 27, 2018, the instant lease contract has expired, and barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by deducting KRW 621,331 from the total amount of the rent and public charges unpaid at KRW 35,00,000,00, and KRW 34,378,669, and damages for delay at the statutory rate from August 28, 2018.

B. On February 20, 2018, the Defendant asserted to the effect that the instant lease agreement was not terminated, as the Defendant decided to increase the deposit and reduce the rent on or around February 20, 2018, and decided to extend the termination date of the instant lease agreement by February 19, 2019.

However, the statement No. 3 is just a new one, even if it was changed to the deposit and the difference in the lease agreement, which is the following circumstances that can be known by adding the whole purport of the argument.

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