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(영문) 수원지방법원성남지원 2020.07.16 2019가단224664
보증금반환
Text

1. The Defendant’s KRW 19,043,88 for the Plaintiff and its related KRW 5% per annum from October 15, 2019 to July 16, 2020.

Reasons

1. Basic facts

A. On December 7, 2018, the Plaintiff leased CD (hereinafter “instant store”) from the Defendant during the period from December 17, 2018 to December 17, 2020, 10,000, monthly rent of KRW 550,000, and the period from December 17, 2018 to December 17, 2020.

(hereinafter referred to as “instant lease agreement”). B.

Around that time, the Plaintiff paid KRW 10,000,000 to the Defendant, and completed the interior interior interior interior interior interior interior interior construction, and operated “E” as an educational facility for juveniles at the instant store.

C. On August 12, 2019 and the 15th day of the same month during the lease period, water leakage was generated in the instant building, and thus, requested the Defendant to check and repair water leakage on the floor of the instant store, but the repair was not performed, but the Plaintiff expressed his/her intent to terminate the instant lease agreement on the ground thereof on September 9, 2019.

On September 27, 2019, the Plaintiff suspended the operation of the E, and delivered the instant store to the Defendant.

[Ground of recognition] Facts without dispute, Gap's entries and videos, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. In the lease contract for termination of the lease contract of this case, the lessor is obligated to maintain conditions necessary for the use and profit-making of the leased object while the contract is in existence (Article 623 of the Civil Act). Thus, in the event of damage or impairment to the leased object, the lessor is not obligated to repair if it does not interfere with the lessee’s use and profit-making because it was so minor that the lessee can easily and easily use the leased object without any separate expenses. However, if it is not sufficient to interfere with the lessee’s use and profit-making, the lessor is not obligated to repair. However, if it is difficult for the lessee to use the leased object or profit-making according to the purpose

This is the object of lease which is attributable to himself.

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