손해배상(기)
The judgment of the first instance court, including the plaintiff's claim extended by this court, shall be modified as follows:
In this case.
1. On November 2, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the lease period from December 16, 2013 to February 28, 2016, and the lease deposit amount of KRW 240,000,00, with the lease deposit amount of KRW 240,000.
(hereinafter “instant lease contract”). After that, while the instant lease contract is renewed and the contractual relationship is maintained, the Defendant notified the Plaintiff of the termination of the said lease contract on October 2018.
Accordingly, on January 7, 2019, the Plaintiff returned the full amount of the lease deposit to the Defendant, and the Plaintiff removed from the apartment of this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence No. 9 (the same as Eul evidence No. 1), purport of whole pleadings
2. Determination on the claim of KRW 74,00 in the instant lawsuit (ex officio determination) is based on the Plaintiff’s claim for the payment of KRW 74,00 in the instant lawsuit cost (i.e., KRW 57,600 in the delivery charge of KRW 16,400 in the stamp tax).
The amount of litigation costs incurred by the plaintiff can be repaid through the final and conclusive procedure for the determination of the amount of litigation costs after the judgment becomes final and conclusive, and there is no benefit to seek compensation as a separate damages (see, e.g., Supreme Court Decision 9Da68577, May 12, 2000). Thus, the corresponding part of the plaintiff's lawsuit in this case is unlawful.
3. Judgment on the plaintiff's claim
A. In the process of leasing and using the instant apartment, the Plaintiff’s claimant breached his duty of management as a lessee, thereby damaging the floor, singing, singing, remote areas and singkes of the instant apartment. Therefore, the Defendant is liable to compensate the Plaintiff for the following damages.
The unit price for the quantity of items (units: 12,00 square meters (units: : 100,000 5,750,000 ridges (including value-added tax) 5:12,500 ridges construction wage for 5: 75,000 ridges 1,100 3 Washington 1,100 1,210,000 - 12,000 132,000 - 132,000 - 132,000 - 10,000 - 110,000 - 110,000 - 61 daily rental profit for 31,6631,66666.