손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. On May 20, 2013, the Plaintiff leased to the Defendant the second floor (hereinafter “instant housing”) among the houses located in Busan-gu, Busan-gu, with the lease deposit of KRW 50 million ( KRW 47.5 million among the above lease deposit, the Korea Housing Corporation provided support as part of the rental housing support project, and the remainder of KRW 2.5 million was paid by the Defendant as the occupant’s share), monthly rent of KRW 200,000,000, and the lease period from June 19, 2013 to June 18, 2015.
[Plaintiff and Defendant separately prepared a lease agreement on monthly rent (Evidence A No. 1) according to the Korea Housing Corporation’s support only for lease deposit.
Under the above lease agreement, the Defendant paid the Plaintiff the lease deposit amount of KRW 2.5 million, and used and profit from the instant house.
C. The Plaintiff was not paid the monthly rent of 400,000 won (=200,000 won x 2 months) from the Defendant on April 2015 and May 2015.
On the other hand, on April 2015, the Defendant handed over the instant house to the Plaintiff and moved to another place. At the time, two light lights were lost, and damaged, such as tearing.
E. According to subparagraph 8-3, the Plaintiff paid KRW 19,900 as the purchase cost of light, etc. on July 1, 2015 for the purpose of repairing damaged housing of this case, according to the statement in the evidence No. 8-3, which is the cost for the construction of the shock network on May 12, 2015, and the cost for the construction of the shock network on June 15, 2015, the Plaintiff appears to have paid KRW 73,000 as the cost for the construction of the shock network. However, as sought by the Plaintiff, the Plaintiff recognized only KRW 73,00 as the cost for the construction of the shock network.
A. The payment was made.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 8 (if available, including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts of the above recognition on the part of the claim for the rent for unpaid month, the Defendant is obligated to pay the Plaintiff a total of KRW 400,000,000 for the unpaid monthly rent for the second month.
B. Damage to the housing of this case