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Reasons
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(영문) 서울중앙지방법원 2018.08.17 2018나6500
임대차보증금
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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 2, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 2690,000 (excluding value-added tax) and the lease term of KRW 5,000 (excluding value-added tax) from November 5, 2016 to December 31, 2018. The Plaintiff paid the lease deposit to the Defendant, and operated a house with the delivery of the instant real estate from the Defendant.

B. On June 20, 2017, the Plaintiff unilaterally terminated the instant lease agreement and removed from the instant real estate, and the Defendant returned KRW 37,310,00,000, which deducted the rent of KRW 2,690,000 from KRW 40,000 for one month from the lease deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Although the Plaintiff’s assertion fully paid monthly rent as stipulated in the instant lease agreement, the Defendant returned only KRW 37,310,000 after deducting the monthly rent from the monthly rent.

In addition, when entering into the instant lease agreement, the Plaintiff entered into a contract with the Defendant to use the building without permission owned by the Defendant (hereinafter “instant warehouse”) at KRW 100,000 per month, and paid KRW 2,40,000 for the year on November 2, 2016. On June 20, 2017, the Plaintiff left the instant building to use the instant warehouse no longer, and thus, the Defendant should refund the Plaintiff KRW 1,650,000 for the remaining 16-month period.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 4,340,00 in total of KRW 2,690,000 and KRW 1,650,000 for the storage fees of this case, which are not voluntarily deducted by the Defendant.

B. On June 20, 2017, the Plaintiff of KRW 2,690,000, which was not returned 1,000.

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