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(영문) 수원지방법원 2019.12.12 2019나75464
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On September 26, 2012, the Plaintiff leased the Category D (hereinafter “instant housing”) of the Seongdong-gu Seoul Special Metropolitan City Seoul Special Metropolitan City (hereinafter “instant housing”) from the Defendant during the period from October 5, 2012 to October 4, 2014.

B. Since then, the above lease contract is implicitly renewed, and the Plaintiff and the Defendant agreed to terminate the lease relationship on October 4, 2018 at the expiration of the term, and agreed to appoint a director from the instant house on October 5, 2018. On September 12, 2018, the Defendant first returned to the Plaintiff KRW 6 million out of the lease deposit.

C. The Defendant entered into a new contract to lease the instant house to E, and accordingly, around October 5, 2018, the new lessee E entered the instant house with a view to moving-out to the director of the instant house and entered the instant house. As the Plaintiff did not make any preparation for moving-out, there was a mutual dispute.

Accordingly, the defendant introduced the director company, etc. to the plaintiff and demanded the director promptly, and the plaintiff returned only the remaining lease deposit amount of KRW 61 million to the plaintiff (=67 million won - 6 million won) out of the remaining lease deposit amount of KRW 40 million to the plaintiff. The plaintiff returned only to the plaintiff, by the contract with the director company, etc. introduced by the defendant, etc. (the plaintiff paid the director expenses of KRW 450,000 to the article in cash) about 5:0 p.m. about 8:0 p.m. (the director company, at the plaintiff's order, delivered the house of this case to the defendant on the first floor parking lot of this case).

E. Ultimately, on October 6, 2018, a new lessee E had to move into the instant house on the following day. On October 6, 2018, the Plaintiff sought his own goods offered on the first floor as of October 6, 2018, and on October 8, 2017, the Defendant: (i) KRW 278,000,000, out of the remaining lease deposit amount to the Plaintiff (i.e., KRW 61 million - KRW 40 million); and (ii) electric charges of KRW 278,00,00,000, respectively.

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