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(영문) 대구지방법원 2020.08.19 2020나306592
기타(금전)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is the implementer of a business that supports rental housing (hereinafter “instant business”) to the occupants who are eligible for support after receiving deposits from the National Housing Fund and entering into a lease contract with the housing owner for the stabilization of housing of the housing of the housing vulnerable class, and the Defendant is the occupant designated as a person eligible for support.

B. On September 1, 2016, as part of the instant project, the Plaintiff: (a) between B and B on September 1, 2016; (b) the Plaintiff leased, as part of the instant project, a deposit of KRW 40 million; and (c) the period from September 20, 2016 to September 19, 2018, the occupant entered into a contract with the Defendant.

(A) The Defendant affixed a seal to the above contract as an occupant, and hereinafter referred to as “instant contract”).

In addition, on September 1, 2016, the Plaintiff prepared a charter-house support contract with the Defendant on the same day. Article 8(2) of the said contract provides that “A person eligible for support cannot remodel or alter the supported house without the consent of the owner of the supported house, and shall maintain daily remuneration for the portion damaged or destroyed or destroyed by the person eligible for support or the expendable materials in using the supported house, and bear the expenses incurred therefrom.” Article 8(4) provides that “A person eligible for support shall restore the supported house to its original state and deliver it where the contract expires, etc.”

(hereinafter “instant support agreement”). D.

On October 15, 2018, after the termination of the instant contract, B, a lessor, issued to the Plaintiff a detailed statement of deduction to the effect that only the remainder deposit will be refunded after deducting the total sum of KRW 1.9 million, cleaning service cost, KRW 200,000,000,000 from the total sum of KRW 3,000,000,000,000.

E. On December 19, 2018, the Plaintiff incurred KRW 2.4 million due to the lessor’s return of the deposit to the Plaintiff after deducting the expenses, etc. for restitution of the house after the termination of the instant contract.

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