손해배상(기)
1. The plaintiff's appeal and the claim extended in the trial are all dismissed.
2. This is due to the extension of claims for the costs of appeal.
1. Basic facts
A. The Plaintiff is the owner of Ulsannam-gu C Apartment 105 Dong 2902 (hereinafter “instant apartment”).
B. On September 3, 2012, the Plaintiff leased the instant apartment to the Defendant by setting the lease deposit amount of KRW 240 million, the lease term from October 10, 2012 to October 9, 2014.
(hereinafter “instant lease agreement”). The Defendant paid the said lease deposit to the Plaintiff, and resided in the said apartment from October 10, 2012.
C. On October 6, 2014, before the expiration of the instant lease agreement, the Plaintiff visited the instant apartment and confirmed the management status.
On October 9, 2014, the instant lease agreement terminated at the expiration of the term, and the Defendant was a director in the instant apartment on October 10, 2014, and on the same day, the Plaintiff returned KRW 230 million out of the lease deposit to the Defendant.
On October 13, 2014, the Plaintiff confirmed the inside of the apartment of this case, and sent to the Defendant a text message stating, “On October 13, 2014, the Plaintiff sent to the Defendant the following: “On October 15, 2014, the Plaintiff sent the following text messages: “The Plaintiff sent four strings and four strings so as to reduce divings (i.e., gold) by checking the house at the time of October 16, 2014; and returned KRW 10 million in the balance of the lease deposit to the Defendant on October 15, 2014.”
E. On October 20, 2014, the Plaintiff sent to the Defendant a letter note indicating that the Defendant would have damaged the floor, scam, etc. of the instant apartment due to the scam that the Defendant was raising, and thus, the Defendant would reimburse the repair cost of the floor, scams, etc.
F. At the time of residing in the apartment of this case, the Defendant was at the time of living in the apartment of this case, and died on April 20, 2014.
[Reasons for Recognition] Facts without dispute, Gap 1, 5 evidence, Eul 1-1, 2, 10, 11, and the purport of the whole pleadings
2. The plaintiff's assertion
A. The defendant raised in the apartment of this case.