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1. The Defendant’s KRW 132,118,947 for the Plaintiff and KRW 5% per annum from September 27, 2017 to October 16, 2017 for the Plaintiff.
Reasons
1. Basic facts
A. On February 28, 2009, the Plaintiff entered into a lease agreement with the Defendant on the deposit deposit amounting to KRW 2,014,100,000, monthly rent of KRW 3,429,000, monthly rent of KRW 3,429,00 with respect to the Yongsan-gu Seoul apartment owned by the Defendant and the Defendant (hereinafter “instant apartment”) and KRW 1001, which was five years from the starting date of the occupancy designation period. The starting date of the designation period of the occupancy of the instant apartment was January 31, 201.
B. On March 7, 2011, the Plaintiff entered into a lease modification agreement with the Defendant on the condition that the monthly rent under the initial lease agreement would be increased to KRW 2,357,00,000 by converting the monthly rent under the initial lease agreement into the lease deposit, and that the monthly rent would be removed. On April 12, 2013, the Plaintiff entered into a lease modification agreement with the Defendant on the condition that the monthly rent would be increased to KRW 2,457,700,000.
(2) The Plaintiff paid the security deposit under the instant lease agreement to the Defendant. The Plaintiff paid the security deposit under the instant lease agreement to the Defendant.
Article 13 [Refund of Rental Deposit] (1) A lessee shall simultaneously refund a rental deposit paid to a lessor by the lessee to the lessor upon termination or cancellation or termination of this contract.
(2) In cases falling under paragraph (1), after conducting an inspection of all the houses and the inside thereof, the lessor shall refund the balance thereof after deducting the whole amount of payment, such as rent, management fee, etc., which the lessee is liable to pay to the lessor, remuneration due to the failure to repair and maintain the lessee under Article 11 (1), and the liability of the lessee, such as a penalty for negligence, compensation for illegal residence, and loss, which is stipulated by a special agreement under
【Matters under special agreement】 Article 2 (Transfer Price for Sale in lots) (1) The conversion price for sale in lots at the time when two years and six months have elapsed from the expiration date of the initial designation period for occupancy in Korea after completion.