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(영문) 춘천지방법원원주지원 2016.05.12 2015가단2163

손해배상금등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 24, 2014, the Plaintiff leased the lease deposit amount of KRW 20,000,000, monthly rent of KRW 800,000, and the lease term from April 7, 2014 to April 6, 2016.

B. On April 7, 2014, the Plaintiff paid KRW 20,000,000 to the Defendant as the deposit for rent to the third Deputy Director, who was handed over from the Defendant, has been running the business of the third Deputy Director.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The plaintiff's ground for claim

A. From February 1, 2015, water leakage occurred from the bottom of the wastewater route of the Third Deputy Director from February 1, 2015, and the Plaintiff did not use and benefit from the Third Deputy Director.

Although the Defendant was partly remunerated on February 5, 2015, the amount of the Defendant continued to occur, the Defendant did not perform the additional remuneration promise.

B. Since the Plaintiff was unable to conduct the third Deputy Commissioner's business due to the occurrence of water leakage in the third Deputy Commissioner, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff.

The Plaintiff sustained 4,100,000 won for 41 days from February 1, 2015 to March 13, 2015 (the date on which the Plaintiff delivered the third Deputy Director).

C. Since the Plaintiff was unable to use and benefit from the instant third secretary general as the Defendant did not repair the third secretary general of the case, the Plaintiff notified the Defendant of the termination of the contract, and delivered the third secretary general of the case to the Defendant on March 13, 2015.

Therefore, the defendant must return the lease deposit to the plaintiff.

The deposit to be refunded by the Defendant is KRW 15,019,358 (the remainder after deducting the unpaid monthly rent of KRW 4,980,642 from KRW 20,000). D.

The plaintiff suffered losses from the failure to perform his/her business due to the defendant's failure to perform his/her business, and the plaintiff suffered mental damage due to the plaintiff's inevitable termination of the lease contract and other workplace.