손해배상(기)
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On April 13, 2015, the Plaintiff, under the name of C, leased from the Defendant a unit of underground floor E (hereinafter “instant real estate”) of the Sungwon-si Building D (hereinafter “instant real estate”) under the name of the Defendant, from May 31, 2017, with a deposit of KRW 20,000,000, monthly rent of KRW 90,000 (hereinafter “the instant lease agreement”), and operated the Port dancing Institute on the instant real estate.
B. At the time of entering into the instant lease agreement, the Defendant notified the Plaintiff of the ownership on the ceiling and the front wall of the instant real estate, and promised to execute water leakage construction upon consultation with the D Building Management Office.
However, the defendant promised to bear the cost of water supply if the plaintiff's repair works together with the water supply construction works before the commencement of the business.
C. On June 1, 2016, the Plaintiff terminated the private teaching institute business and delivered the instant real estate to the Defendant. On September 9, 2016, the Defendant, from the deposit, paid the Plaintiff the rent of KRW 4,740,00,00 (=the overdue charge of KRW 4,50,000 (=the Defendant on June 1, 2015), taking into account the fact that the Plaintiff ought to perform the interior works from June 1, 2015 to the commencement of business after the instant lease contract was concluded.
From August 31, 2016 to August 31, 2016, the Plaintiff alleged to the effect that the Plaintiff paid the sum of KRW 10,800,000 to the Defendant for 15-month rent of KRW 13,50,000,000. However, there is no evidence to prove that the Plaintiff paid the rent exceeding KRW 9,00,00 recognized by the Defendant.
2) The remainder of the management expenses after deducting KRW 240,000 was refunded KRW 15,260,000.
【Reasons for Recognition】 1, 4, 7, 9, 1-1, 2-2, and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Defendant asserted that the Plaintiff agreed to complete water leakage works before the completion of the Plaintiff’s interior works at the time of the conclusion of the instant lease agreement, notwithstanding the agreement, the Plaintiff agreed to do so.