용역비
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 7, 1986, the Plaintiff entered into a lease agreement with C, the father of the Defendant, to lease the building located in Busan Shipping Daegu D (hereinafter “instant real estate”) as the 12-month lease period. The said lease agreement was implicitly renewed on several occasions.
B. On March 28, 2001, the Defendant completed the registration of ownership transfer based on inheritance, and on June 1, 2001, the Defendant concluded a lease contract with the term of 36 months of lease deposit, 50,000,000 won for lease deposit, and 1,000,000 won for rent monthly (payment on May 30, 200 (hereinafter “instant lease contract”). The instant lease contract was explicitly renewed on several occasions after the end of May 30, 204.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 3 (including paper numbers), the purport of the whole pleadings
2. The plaintiff alleged that the plaintiff paid 190,000,000 won to repair the real estate of this case as necessary expenses. Thus, the defendant is obligated to pay 190,000,000 won to the plaintiff and damages for delay.
3. The agreement that the lessee of a building shall restore the building to its original state and order the lessor to leave the building at the time of termination of the lease relationship is a special agreement to waive the right to demand reimbursement of all necessary expenses incurred in the building in advance.
(See Supreme Court Decision 73Da2010 Decided April 22, 1975, and Supreme Court Decision 2012Da3609 Decided March 29, 2012, etc.) According to the evidence No. 3, where the lease contract of this case was terminated at the time of conclusion of the lease contract of this case, the Plaintiff can be recognized as having agreed to restore the instant real estate to its original state and return it to the Defendant, and not to hold the Defendant liable for all expenses incurred in the reconstruction or alteration of the instant real estate. Thus, the Plaintiff and the Defendant agreed with the Defendant.