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(영문) 수원지방법원 2015.03.19 2014나30121
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 13, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 200 million, KRW 800,000 per month, and the lease term from August 5, 201 to August 4, 2013 (hereinafter “instant lease agreement”). The said lease agreement expired on August 4, 2013.

B. According to Article 5 of the instant lease agreement, when a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessee. In such a case, the lessor shall return the deposit to the lessee, excluding those in arrears or damages, if any, and pursuant to paragraph (1) of the special agreement, the lessee shall return the balance thereof.

C. The Plaintiff asserted that the leased object was partially damaged or damaged on the date of termination of the instant lease agreement, and paid the remainder to the Defendant only after deducting KRW 2.5 million out of the lease deposit from the cost of restitution.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The gist of the Plaintiff’s assertion is that the Defendant 110,000 won was the repair cost by putting the apartment of this case out of the wall or door frame and scambling, scambling and scambling, and cutting off the wall or door frame of the apartment of this case.

② The repair cost was KRW 2.10,000 due to the destruction of a toilet and a studio floor.

③ The repair cost was KRW 2.10,000,000 due to the destruction of the front glass.

④ It is necessary to create a hole on the water turgy, and replace the water turgy. For this purpose, since the water turgy part connected to the water turgy is also damaged, the total cost of replacement is KRW 1,936,00,000.

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