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(영문) 수원지방법원 2020.02.19 2019나67944
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On July 16, 2016, the Plaintiff leased the Seocho-gu Seoul Metropolitan Government C Apartment D (hereinafter “instant Family D”) to the Defendant as KRW 650,000,000 for the lease deposit from September 12, 2016 to September 11, 2018.

The Plaintiff and the Defendant stipulated, as the special agreement, that “the current state of a facility is a contract, and the existing facility is damaged and modified due to the lessee’s intention or negligence, the lessee shall restore it to its original state upon the expiration of the contract period (excluding natural marina).”

B. The above lease agreement was terminated on September 11, 2018.

C. On September 12, 2018, the Defendant confirmed on September 12, 2018 that the Plaintiff shall make an estimate of the part of the damaged part of the dwelling space in the instant dwelling room to the maximum extent possible. - It shall be dealt with in the large air-conditioning area:

9. By 19.0, a letter of confirmation (hereinafter “instant certificate”) was prepared and removed from the head of the instant unit, and the Plaintiff returned the full amount of the deposit to the Defendant on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant damaged the defense room of this case intentionally or by negligence during the term of the above lease agreement, and the restoration expenses for the above damaged part amounting to KRW 19,50,000 = 2,50,000 wacing construction for total indoor 3,500,000 = 9,500,000 wacling construction for total indoor glapsing to KRW 1,500,000 for replacement for 1,500,000 for glapsing to KRW 70,000 for waste disposal of KRW 70,000 for waste disposal and other miscellaneous expenses amounting to KRW 1,30,000 for supervision.

As a result of the Plaintiff’s performance of the instant confirmation, the Plaintiff sought damages for nonperformance or payment of damages for delay as well as damages for delay.

(B) The plaintiff's assertion is cited as above.

When the lease of one lease of the relevant law is terminated, the lessee shall restore the object to its original state and return it.

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