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(영문) 부산지방법원 2015.11.17 2014가단78467

임대차보증금

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Buildings listed in the separate sheet from the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On October 3, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease KRW 2,00,000 (hereinafter “instant lease agreement”) with the Defendant on a deposit amount of KRW 2,00,00,00 for the portion of KRW 50.36 square meters in the attached Form No. 1,26.96 square meters in the first floor of the building listed in the attached Table No. 126.96 square meters in the attached Table No. 1, which is owned by the Defendant and the Defendant (hereinafter “instant lease agreement”), and around that time, the Plaintiff paid KRW 2,00,000,000 for lease deposit to the Defendant.

B. On October 3, 2013, the Plaintiff received delivery of the instant object from the Defendant, and started to reside with two children. From the following day, the Plaintiff discovered that malodor was generated together with pungi in the toilet tent of the instant object, on the wall surface of the room 2 partitions, such as malis, ceiling, walls, and door door walls of the visit, etc., and that the product of home appliances fungi in which water flows from the surface of the wall and the floor of the instant object was broken down or fungi in the clothes and furniture.

In addition, since the boiler was broken out from the time when the Plaintiff received the instant object, the Plaintiff sent to the boiler without properly heating it.

C. The Plaintiff immediately requested the Defendant to pay the said remuneration upon finding a fung and mycoi, and subsequently requested the boiler repair on or around December 2013, but did not accept the said remuneration.

On July 11, 2014, the Plaintiff filed the instant principal suit, and the Defendant served the duplicate of the instant principal complaint on July 30, 2014. On September 2, 2014, when the instant lawsuit was pending, the Plaintiff left the instant subject matter and did not return the key to the entrance door of the instant object to the Defendant by the closing date of pleadings.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap 2, 5 through 7, 9, 10 evidence, Eul .