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(영문) 대전지방법원 2019.12.11 2018나117713
임대차보증금
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. In the first instance court within the scope of trial, the Plaintiff filed a claim against the Defendant for a lease deposit of KRW 10,00,000, KRW 8,329,401, KRW 8,000, KRW 550,000, KRW 26,879,401, and KRW 550,000, KRW 550,000, and KRW 3,484,030, and KRW 50,000 from December 19, 207 to the completion date of delivery of the said real estate. The first instance court rejected the Plaintiff’s claim for a counterclaim and the remainder of the Plaintiff’s claim for counterclaim from among the Plaintiff’s principal claim for a lease deposit to KRW 500,00,00, KRW 7,000, KRW 4300, and KRW 4300,000 and KRW 4300,000, respectively.

In this regard, only the plaintiff appealed the appeal, and since the part of the lease deposit and the amount of damages equivalent to the cost of repairing the foundation is withdrawn by reducing the purport of the claim in the trial, the object of the judgment in this court remains only 8,329,401 won, and 8,000,000 won and damages for delay equivalent to the operating loss in the principal lawsuit.

2. Determination on the main claim

A. The reasoning for this part of the reasoning of the judgment of the court of first instance is the same as that of Paragraph 1 of the part concerning the reasoning of the judgment, and thus, this part is cited by the main text of Article 420

B. The gist of the parties’ assertion 1: (a) the Plaintiff leased and operated the instant building part from the Defendant; (b) around February 2017, the Plaintiff discontinued the Plaintiff’s business on September 16, 2017, on the ground that there were defects, such as the dynamics of the water pipe around February 2017; (c) the toilet wastewater stations around June 28, 2017; and (d) water leakage on July 28, 2017.

The Plaintiff’s business loss equivalent to KRW 8,329,401, which was discontinued from the end of July 2017 due to the Defendant’s nonperformance of obligations, from September 16, 2017.

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