beta
(영문) 인천지방법원 2020.01.08 2019가단21216

이의의소

Text

1. The defendant shall pay to the plaintiff KRW 700,00,000 as well as 5% per annum from October 12, 2019 to January 8, 2020 and from the next day.

Reasons

1. Basic facts

A. On December 22, 2012, through agent C, the Plaintiff entered into a lease agreement with the Defendant to lease KRW 30,000,000,00 for a lease deposit to the Defendant by setting the lease deposit amount of KRW 20,000,00 for the first floor area (hereinafter “instant real estate”) among the housing of KRW 2,00,00 located in Jung-gu, Incheon, Jung-gu and the second floor, and the lease period from December 30, 2012 to December 30, 2014. Around that time, the Plaintiff received KRW 20,00,000 from the Defendant.

B. On June 12, 2019, the judgment became final and conclusive on June 12, 2019, stating that “The Plaintiff shall pay to the Defendant 20,000,000 won per annum from June 25, 2018 to October 30, 2018; 15% per annum from the next day to May 31, 2019; and 12% per annum from the next day to the day of full payment” was to be stated in the following: “The Plaintiff shall pay to the Defendant 20,000,000 won per annum; and to the day of full payment.”

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant’s Defendant’s living in the instant real estate damaged the boiler, the boiler, the door-to-door, the cover of KRW 495,00,00, the repair cost of the boiler, KRW 500,000, the number of the door-to-door repair costs, KRW 1,150,00, and KRW 2,865,00,000, in total, for the repair cost of the kitchen repair and the cleaning car, and KRW 720,00. As such, the Defendant is obligated to pay the Plaintiff the repair cost of KRW 2,865,00,00 and the delay damages therefrom.

B. On the other hand, there is no dispute between the parties regarding the requirements of KRW 700,00 as the repair cost of the instant real estate. However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the repair cost of KRW 2,865,00 in excess of the above amount was actually required.