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(영문) 서울고등법원 2015.07.08 2015나2013223
손해배상(건)
Text

1. The plaintiff (Counterclaim defendant)'s appeal against the principal lawsuit is dismissed.

2. The part concerning the counterclaim in the judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. On May 7, 2010, the Plaintiff leased the building listed in the attached Table 1 list (hereinafter “instant building”) owned by the Defendant as “45,000,000 won for lease deposit, monthly rent 3,370,000 won for rent (including value-added tax) and from May 7, 2010 to May 7, 201.”

On October 11, 2010, the above lease was changed to 45,00,000 won for lease deposit, 3,366,000 won for rent (including value-added tax) and 3,36,000 won for lease term from October 11, 201 to October 11, 201 for lease term.

(hereinafter “instant lease agreement”). B.

The Plaintiff operated the Gosiwon in the instant building (hereinafter “The Gosiwon”). On October 31, 2014, the Plaintiff delivered the instant Gosiwon to the Defendant.

C. The Plaintiff paid the rent to the Defendant by October 10, 2010 (no dispute exists between the parties), and the details of the rent that the Plaintiff paid to the Defendant from among the rent after October 11, 2010 are as shown in the attached Table 2, and KRW 24,902,00 of the rent up to November 30, 201 was in arrears at present.

On November 21, 2011, the Defendant sent to the Plaintiff a content-certified mail stating the termination of the instant lease agreement on the grounds of the second period overdue overdue charge, etc., and around that time, the said mail reached the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1 and 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The plaintiff's assertion is a lessor, and the defendant is obligated to maintain and manage the building of this case so that the plaintiff can use and benefit from the building of this case according to the purpose of the lease agreement of this case (publically announced source).

However, even though the Defendant did not ice on the rooftop water tank of the instant building, and in order to ice the said water tank on January 13, 201, the Plaintiff saw the water tank in a water tank with water smell, and the Plaintiff sees the water tank in a water tank.

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