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(영문) 인천지방법원 2020.07.16 2020가단212407
손해배상(기)
Text

1. The defendant's KRW 15,450,00 for the plaintiff and 5% per annum from March 26, 2020 to July 16, 2020 for the plaintiff.

Reasons

1. Basic facts

A. On January 26, 2019, the Plaintiff leased Non-si C Building D (hereinafter “instant building”) from the Defendant by setting the deposit amount of KRW 15,000,000, monthly rent of KRW 850,000, and the lease term of February 27, 2021.

(hereinafter “instant lease agreement”). The instant lease agreement is a special agreement as follows.

-after the on-site visit, the lessee confirms that there is no less than anything after inspecting the register of the interior facilities and the register of the company, and concludes this contract. The surcharge for the monthly rent is separate, while the management fee shall be borne by the lessee in accordance with the commercial building management regulations

-The lessor will change the educational and research facilities (private teaching institutes) to sales facilities or neighborhood living facilities not later than before the remainder date;

-Lessee may construct facilities after payment of intermediate payments before the remainder date, and lessee shall bear management costs during the construction period;

-the lessee shall be responsible for the installation of the water supply and sewerage before the remainder date and for all kinds of authorizations and permissions and internal facilities;

B. On January 26, 2019, the Plaintiff paid KRW 1,500,00 to the Defendant a down payment under the said lease agreement, and remitted KRW 4,500,000 to the intermediate payment on January 28, 2019.

C. On February 1, 2019, after the date of the intermediate payment payment, the Plaintiff entered into a human body construction contract with Nonparty E on February 1, 2019 to conduct an interview with the instant building, and paid KRW 13,500,000 out of the construction price under the said interior contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, which caused the Plaintiff’s claim, leased the instant building to conduct the skin management shop.

In order for the Plaintiff to use the instant building as a secondary management shop, a water supply and sewerage system should be installed in the instant building. As such, at the time of the instant lease agreement, the lessor’s duty to install water supply and sewerage was stipulated under a special agreement.

However, the lessor is the defendant.

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