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(영문) 서울중앙지방법원 2017.10.11 2017가단5138213
손해배상(기)
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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The Defendant is the owner of the real estate listed in the separate sheet (hereinafter “the instant officetel”).

B. On August 11, 2016, the Plaintiff leased the instant officetel from the Defendant with a deposit for lease deposit of KRW 10 million, KRW 1050,000 per month (payment in advance on September 10, 201), and from September 10, 2016 to September 9, 2017 (hereinafter “the instant lease”). Around that time, the Plaintiff paid a deposit for lease to the Defendant and occupied the instant officetel.

C. According to the instant lease agreement, the lessor can immediately terminate the lease agreement if the lessee is in arrears with the second period of rent.

From December 23, 2016, the Plaintiff requested the Defendant to repair the boiler at a higher level without having opened the instant officetel boiler’s desired temperature. The Defendant had the employees of the instant officetel management office, the boiler construction company, and the pipeline cleaning company inspect the boiler at least five times, but the result of the inspection showed that there was no error in the boiler.

E. From February 10, 2017, the Plaintiff did not pay the Plaintiff the rent under the instant lease agreement to the Defendant. On June 26, 2017, the Defendant filed an application with the Seoul Central District Court 2017Kadan807620 against the Plaintiff for a provisional injunction on the transfer of real estate possession, and received a decision on the provisional injunction on the transfer of possession from the said court. On July 11, 2017, the Plaintiff handed over the instant officetel to the Defendant.

F. From February 10, 2017 to July 11, 2017, the Defendant returned to the Plaintiff on the same day the remainder KRW 3,456,940 after deducting KRW 5,285,000 from KRW 10 million to KRW 460,00 from KRW 10,000,000,000 for the instant lease deposit, and the unpaid amount of management expenses, and KRW 798,060,00 for the instant officetel sales commission.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, and Gap evidence 5-1, 5.

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