beta
(영문) 인천지방법원 2017.09.06 2016가단61954

손해배상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On November 11, 2014, the Plaintiff entered into a lease agreement with Defendant B to lease the entire single-story house on D’s ground (hereinafter “instant building”) with the term of 5,000,000 won for lease deposit, 750,000 won for rent monthly, and 24 months for lease period from November 20, 2014 to November 19, 2016 (hereinafter “instant lease agreement”). At that time, the Plaintiff was handed over the instant building.

B. Defendant C mediated the instant lease agreement as a licensed real estate agent.

C. On March 29, 2016, Defendant B filed a lawsuit against the Plaintiff for a claim for the name of the building with the Suwon District Court Branch Branch of 2016Kadan6972, Jun. 22, 2016, Defendant B, on June 22, 2016, sentenced that “the Plaintiff shall deliver the instant building to Defendant B, calculated at the rate of 15% per annum from April 26, 2016 to the date of complete payment, and the amount calculated at the rate of 750,000 won per annum from February 11, 2016 to the date of complete delivery of the said building,” and the said judgment was served by public notice on July 21, 2016 to the Plaintiff and finalized on August 4, 2016.

After that, on December 26, 2016, the Plaintiff filed an appeal for the subsequent completion on the appeal, and the appeal is currently pending as the Suwon District Court 2017Na60.

[Ground of recognition] Evidence Nos. 1, Eul evidence Nos. 1, 4, Eul evidence Nos. 1, 1, and 1, and the purport of the whole pleadings

2. In the process of leasing and using the instant building from Defendant B under the brokerage of Defendant C for the purpose of using the office (Handphone repair, etc.) and residential purpose, the Plaintiff’s assertion: (i) excessive charges, such as imposition of 250,000 won in one month during which urban gas was not used separately; (ii) excessive charges, such as imposition of 60,000 won to 70,000 won in one month due to water leakage, etc.; (iii) excessive charges were imposed on the previous water leakage; and (iv) the water level was not proper; and (v) from May of 2015, it was between the wall and the roof of the building.