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1. The Defendant’s KRW 2,452,370 as well as 5% per annum from February 21, 2017 to September 28, 2017, and the next day.
Reasons
1. Basic facts
A. The Plaintiff leased the lease deposit of Eunpyeong-gu Seoul Metropolitan Government C Apartment 110 Dong 1702 from the Defendant by setting the lease deposit of KRW 100 million, monthly rent of KRW 1.6 million, and the term of lease from January 28, 2015 to January 28, 2017, and notified the Defendant on December 8, 2016, before the term of lease expires, that the Plaintiff did not intend to renew the lease.
B. However, the Defendant did not refund KRW 100 million to the Plaintiff on the ground that he did not request a new lessee of an apartment. Accordingly, on February 2, 2017, the Plaintiff filed an application for the order of lease registration with the court for the order of lease registration, and completed the lease registration on the apartment on the above apartment on the ground that the Plaintiff moved to a new leased residence on the 3th of the same month, and notified the Defendant of the password and the password of the head office to allow access to the apartment by means of a text message.
In addition, the plaintiff paid the long-term repair appropriations of 247,370 won on behalf of the defendant who is the owner.
C. The Defendant, after the Plaintiff’s director, remitted the total amount of KRW 80 million on February 10, 2017, and KRW 97 million on February 20, 2017, as a result of the Plaintiff’s partial refund of the lease deposit.
[Grounds for recognition] Evidence Nos. 1 through 6, the purport of the whole pleadings
2. Determination
A. According to the above facts, the lease of this case was terminated on January 28, 2017 according to the lease agreement.
Therefore, the Defendant is obligated to return to the Plaintiff the money obtained by deducting the overdue rent and the repair cost of the damaged portion from the lease deposit amount of KRW 100 million from the lease deposit due to the delivery and repayment of apartment from the Plaintiff
However, it is deemed that the duty of the plaintiff's delivery is completed by giving the defendant a password to the director on February 3, 2017 and notify the defendant of the password.
The key is whether the apartment is stored in the apartment or the plaintiff's possession is unknown, but it is a separate issue from the completion of the obligation to deliver the apartment as seen above.
And the plaintiff.