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(영문) 서울중앙지방법원 2019.01.17 2018가단32874
임대차보증금반환
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant (Counterclaim Plaintiff) is charged with KRW 100,000,000 to the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On February 6, 2018, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) whereby the Defendant’s mother is the Defendant’s agent, and the Plaintiff entered into a lease agreement with the Plaintiff, setting lease deposit money as KRW 100 million on the ground floor E of the first floor residential building of the second floor above the Seoul Gangnam-gu Seoul (hereinafter “instant building”).

B. On February 6, 2018, the date of the instant lease agreement, the Plaintiff paid KRW 100 million to each of the KRW 85,000,000 on March 2, 2018.

C. On March 10, 2018, the Plaintiff: (a) on March 10, 2018, at the scheduled date of the director, requested the Dog Construction Specialist, on or around March 6, 2018, to double the instant building.

However, in order for the professional service provider to perform the dump construction, some of the existing dump remote areas have been opened from the wall in the ceiling and wall, and the number of leakages that had not been revealed out of the wall has been accumulated in a lump sum, and water has been drained into the kitchen floor, and the water has been flown into the kitchen and the water has come to a situation where the cable leading to the container and tape of the dumped floor is likely to flow out in the water.

In addition, the ceiling board in which water leakage has been discovered has stringed in water for a long time, and the small room bed by the kitchen was suck up up to cement, and fung was spread widely on the wall of the wall of the bungch.

Therefore, the above specialized company requested to Do ships could not go back to the present state of the building of this case, and gave up work and returned back to the country.

On March 10, 2018, the Plaintiff, in order to make the part of the instant building available for residential purposes, while bringing about some removals to directors on March 10, 2018. In order to make it possible to use the part of the instant building for residential purposes, he/she again takes another pilot, and provides the vessels to some of the instant building.

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