임차보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
A. According to the effect of termination of a lease agreement, the Defendant is obligated to return the lease deposit amount of KRW 40 million to the Plaintiff. Since the lease agreement was terminated due to the Defendant’s fault, the Defendant cannot live in the said house due to damages, and thus, the Defendant is obligated to pay the sum of KRW 2,96,800 for accommodation expenses used in the inn, etc., and KRW 830,000 for directors’ expenses, and KRW 220,000 for brokerage fees.
B. Determination* In the lease contract, the lessor is obligated to maintain the condition necessary for the use and profit-making of the leased object while the lease is in existence.
(Article 623 of the Civil Act). Thus, if the object is damaged or damaged, and if it is not repaired, the lessor shall bear the duty of repair if it is so long as the lessee would be prevented from using and making a profit from the object according to the purpose determined by the contract
I would like to say.
(See Supreme Court Decisions 2009Da96984 Decided April 29, 2010, and 201Da107405 Decided March 29, 2012, etc.). (See, e.g., Supreme Court Decisions 2009Da96984, Apr. 29, 201; 201Da107405, Mar. 29, 201) * First, whether there is any defect in the sewage station, toilet malodor, etc. of the Plaintiff’s assertion in the instant housing, there is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.
* Next, according to the images of Gap evidence No. 2, there were some defects in the main bank and boiler room, as alleged by the plaintiff, in the instant housing, and according to the images of Gap evidence No. 2, some leakages appears to have occurred in the main bank, living room, boiler room’s ceiling, wall, floor, etc.
However, in light of each description and image of evidence Nos. 1, 2, 4, 5, and 8 submitted by the Plaintiff in light of whether the Defendant’s failure to repair and interfere with the Plaintiff’s use of the instant housing, and the description and image of evidence Nos. 2, 3, and 4 submitted by the Plaintiff, the Defendant’s failure to comply with the Plaintiff’s request for repair, thereby resulting from the foregoing defect existing in the instant housing.