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1. Of the judgment of the court of first instance, the part against the plaintiff falling under paragraph 2 below shall be revoked.
2.
Reasons
1. Facts of recognition;
A. On December 12, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 40,000,000, and the term of lease from December 14, 2012 to December 13, 2013, under which the Plaintiff leases the second floor detached house of KRW 86.53 square meters (hereinafter “instant house”) among the two-story buildings of the general steel framed roof of the general steel framed structure in Pakistan-si and E (hereinafter “instant house”).
B. Under the instant lease agreement, the Plaintiff paid the Defendant KRW 3,00,000,000 on December 12, 2012 and KRW 37,00,000 on April 14 of the same month as each lease deposit, and was handed over from the Defendant and resided therein.
C. On August 4, 2013, the Plaintiff agreed with the Defendant to terminate the instant lease agreement on the grounds of defects, such as shotling water of the instant housing, etc. on the ground that the Plaintiff was a director at another place on August 4, 2013.
The Plaintiff filed an application for provisional seizure of the claim amounting to KRW 40,330,00 with respect to the building of the instant housing as the High Government District Court 2013Kadan4082, and the said court rendered a ruling of citing the above provisional seizure on September 12, 2013.
E. On November 19, 2013, the Defendant deposited the deposited amount of KRW 40,330,000 with the deposit amount of KRW 40,30,00,00 for the Plaintiff and the deposited amount of KRW 3922, the Defendant received the deposit amount of KRW 40,330,00 on June 18, 2014, and appropriated the deposit amount for repayment of the said deposit’s obligation.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, Eul's 1, the purport of the whole pleadings and arguments
2. Determination
A. As seen earlier, the Plaintiff agreed on the termination of the above lease agreement with the Defendant around August 4, 2013, such as a claim for the return of lease deposit, etc. Therefore, the Defendant is obligated to refund KRW 40,000,000 to the Plaintiff.
Furthermore, on August 5, 2013, the Plaintiff received the said deposit from the Plaintiff from August 5, 2013, a director of the Plaintiff with respect to the said deposit.