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(영문) 춘천지방법원 2015.05.13 2014가단7042
임대차보증금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole in the statements in Gap evidence Nos. 1, 7, 9, 10, and 6-2, Eul evidence Nos. 3 and 7.

On May 10, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the lease of part of the first floor among the second floor buildings located in Chuncheon City C (hereinafter “instant leased object”) by setting the lease deposit amount to KRW 40 million and the lease period to June 1, 2013.

B. The Plaintiff paid the Defendant the deposit amount of KRW 40 million.

C. After the expiration of the lease term of this case, the Defendant returned the Plaintiff the lease deposit amount, KRW 20 million on June 1, 2013, and KRW 17,987,70 on June 7, 2013, respectively.

2. Judgment on the plaintiff's claim

A. The plaintiff asserted that although the plaintiff tried to occupy and use the leased object of this case upon delivery, it was impossible to occupy and use the leased object of this case at all due to water leakage in the leased object of this case, the amount equivalent to KRW 15 million should be reduced, ② property damage equivalent to KRW 2.5 million has occurred due to water leakage, ③ damages equivalent to KRW 2,012,230 and interest thereon, ③ damages equivalent to KRW 3,000,000 were incurred, ④ KRW 3,560,000 for mental damage, ④ KRW 23,560,000 for KRW 15,000 for KRW 2,560 for KRW 182,00 for KRW 1820,000 for KRW 3,000 for KRW 2,560 for KRW 2,50 for KRW 1820,00 for the leased object of this case and damages for delay.

As to this, the Defendant completed the repair of the leased object prior to the instant lease agreement, and the Plaintiff also entered into the instant lease agreement after confirming the condition of the leased object. The Plaintiff operated the boiler even after receiving the leased object, and operated the boiler even after the delivery of the leased object.

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