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Reasons
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(영문) 서울중앙지방법원 2018.10.15 2018가단5131936
보증금반환
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 26, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50 million (hereinafter “instant lease deposit”), monthly rent of KRW 1 million, and the lease term from June 30, 2016 to June 29, 2018 (hereinafter “instant lease agreement”). Accordingly, the Plaintiff paid the lease deposit to the Defendant and resided in the instant house upon delivery.

B. On June 1, 2018, before the expiration of the lease term under the instant lease agreement, the Plaintiff moved from the instant house to another place. On June 18, 2018, the Plaintiff informed the Defendant of the present door password of the said house.

C. On July 2, 2018, the Defendant deposited the Plaintiff’s deposit with the Seoul Central District Court KRW 50,020,547 [20,547 (50 million x 5% x 3/365)] as the sum of the deposit and interest on the lease of this case as the deposit amount of KRW 50,020,547 [20,547 (50 million x 3.65] from June 30, 2018 to July 2, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 6, Eul evidence Nos. 1 and 6, video, the purport of the whole pleadings

2. The parties' assertion

A. On April 28, 2018, the Defendant offered that the Plaintiff would terminate the instant lease agreement as of June 1, 2018, and upon the Plaintiff’s consent, the said lease agreement was concluded on June 1, 2018. As such, the Defendant is obligated to pay to the Plaintiff delay damages for the lease deposit amounting to KRW 50 million and its delay damages from June 19, 2018, which is the day following the delivery date of the instant house.

B. The Defendant decided to terminate the instant lease agreement as of June 1, 2018, but on June 1, 2018, the Defendant demanded the Plaintiff to restore the said housing to its original state as it was seriously damaged. The Plaintiff reported the instant lease agreement to the lessee by the expiration date upon reporting it to the 112.

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