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(영문) 대전지방법원 2017.02.24 2016가단24854
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from August 23, 2016 to the day of complete payment.

Reasons

1. Indication of claim;

A. On June 27, 2014, the Plaintiff leased the lease deposit amount of KRW 35 million from the Defendant to July 23, 2016, the lease deposit amount of KRW 35 million from July 24, 2014 to the Defendant, and around that time, paid KRW 35 million to the Defendant.

B. The Plaintiff started residing in the instant building from July 24, 2014, but there was a problem, such as water fung in the ceiling, damage to the households, etc., and even though the Defendant requested repair, the Defendant did not properly repair the building.

C. Ultimately, from April 2015, the Plaintiff did not continue to reside in the instant building, and moved into the building D located in Daejeon-gu, Daejeon-gu, and paid monthly rent of KRW 250,000 per month. Moreover, the Plaintiff did not pay KRW 221,650 of the public charges incurred before the Plaintiff’s lease, and paid it on behalf of the Plaintiff.

The Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 23, 2016 to July 2016, the sum of the rent paid by the Plaintiff while living in another building from April 2015 to July 2016, 3750,000 won (221,650,028,350,000 won in lieu of the rent paid by the Plaintiff while living in the other building) and the damages for delay calculated from August 23, 2016 to the date of complete payment after the delivery of the duplicate of the complaint of this case.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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