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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
Basic Facts
The reasoning for this part of this Court is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 420 of the Civil Procedure Act.
The judgment on the cause of the instant claim was rendered upon the Plaintiff’s notice as of August 21, 2015, and was lawfully terminated on February 15, 2016, and the Plaintiff delivered the instant building to the Defendant on June 7, 2016.
From KRW 350,000 to May 201, 2016, the Plaintiff is a person who has to deduct KRW 53 million for unjust enrichment and management expenses equivalent to the rent from KRW 350,000 to KRW 770,00 for unjust enrichment equivalent to the rent from June 1, 2016 to June 7, 2016 (=330,000 x 7/30,000), and a sum of KRW 60,770,00 for the rent.
Unless there are special circumstances, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 289,230,000 (=350,000 won - 60,770,000) and the delay damages.
The summary of the Defendant’s argument regarding the Defendant’s argument is as follows: “The Plaintiff notified the Defendant of the termination of the instant lease on June 7, 2016 when delivering the instant building to the Defendant on the ground that the Plaintiff, even if not, on June 7, 2016, notified the Defendant of the termination of the instant lease.” Thus, if there is no agreement for the term of lease, the parties may notify at any time the parties of the termination of the contract. ② The termination becomes effective after the lapse of the period set forth in the following subparagraphs from the date of receipt of the notification under the preceding paragraph. ② The termination becomes effective upon the lapse of the period set forth in the following subparagraphs: (1) If the lessor has notified the termination of the said contract; (5),203,00 won should be deducted from the lease deposit; and (20) if the lessee has notified the termination of the said contract, the sum of the rent and management expenses arising from the month after the lapse of one month from the date of receipt of the notification under the preceding paragraph shall be deducted from the lease deposit.”