손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 18,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from September 4, 2015 to April 1, 2016.
1. On May 14, 2012, the Plaintiff leased, from the Defendant, Mapo-gu Seoul Housing Co. (hereinafter “Seoul Housing”), a deposit of KRW 100,00,000,00, monthly rent of KRW 4,500,000, monthly rent of KRW 4,50,000, and the lease period of KRW 4,50,00 from June 20, 2012 to June 19, 2015.
Since the first floor at the time of lease was used by another lessee, the deposit was set at KRW 50,00,000, monthly rent was set at KRW 2,500,000 until October 31, 2012 when the lease period of the first floor expires.
The Plaintiff received a delivery of the instant house and operated a sales house, and delivered the instant house to the Defendant on June 19, 2015 after the lease period expires.
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The instant building’s principal claim was the water leakage on the second floor of the roof and wall surface, and water leakage and flood occurred on the first floor of the underground floor during the lease period. As a result, the second floor was not used at all during the lease period, and the second floor was not used for two days thereafter. Since the monthly rent of the instant building was KRW 1,00,000 per month for the ground floor and KRW 1,50,000 per month for the second floor, the damages equivalent to the rent for the period during which the Plaintiff failed to use are the 36-month rent for the ground floor and KRW 549,000 per month for the second floor (non temperature and 2-day thereafter), the Defendant was obligated to pay the damages compensation for the said building during the lease period of the instant building, and the Plaintiff could not claim for the alteration of the rent for the first floor and the second floor for two days after the alteration of the rent for the first floor.
The defendant.