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1. The Defendant shall pay to the Plaintiff KRW 1,915,415 as well as 12% per annum from July 6, 2019 to the day of complete payment.
Reasons
Facts of recognition
On September 2, 2016, the network C entered into a lease agreement with the Defendant that sets the lease deposit amount of KRW 34 million and KRW 35,000 per month for management expenses (public electricity and water supply expenses) until September 6, 2018, and paid KRW 34 million to the Defendant around that time.
C only KRW 315,00, which is nine-month portion of the management expenses, shall be paid to the defendant, and the remainder shall not be paid.
C was hospitalized in a convalescent hospital on March 2018, but died on December 28, 2018, and the Plaintiff was divided into inheritance of the claim for the refund of the lease deposit against the Defendant through consultation with co-inheritors.
On July 5, 2019, the Defendant, while continuing the instant lawsuit, should further deduct KRW 1,30,000,000,000, which is the sum of KRW 6,30,000 and KRW 4,000,000,000, out of the management expenses incurred until December 2018, and the amount of KRW 32,970,00,00, which is the remainder of the repair expenses of pipes and plates.
[Ground of recognition] The Defendant asserts that there was no obligation to pay damages for delay since the Defendant did not receive any key of the leased object as at the time of delivery and termination of the lease agreement, as stated in Gap evidence Nos. 1 through 9, 11, and Eul evidence No. 11, and the whole purport of the pleadings, and as at the time of termination of the lease agreement. The Plaintiff asserted that the Plaintiff delivered the leased object on April 2018.
Comprehensively taking account of the overall purport of the arguments by Gap evidence Nos. 13 and 14, C is not a very healthy condition, and therefore resided in a convalescent hospital since March 2018, and C can be recognized as having transferred all of the households, etc. in the leased object by requesting the F, a person residing in the vicinity of the leased object, around April 2018, by requesting the F, who is a resident in the vicinity of the leased object. Moreover, the defendant asserted that C had made a cleaning, repair, and painting to the convalescent hospital.