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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. On October 19, 2016, the Plaintiff entered into a contract with the Defendant to lease the lease deposit amount of KRW 65 million (in the event of a contract, the remainder of KRW 60 million shall be paid on November 26, 2016) and the lease term shall be from November 26, 2016 to November 25, 2018 (hereinafter “instant lease contract”). The Plaintiff paid the Defendant the lease deposit amount of KRW 5 million on October 19, 2016, and KRW 15 million on the aggregate of KRW 20 million on the same month.
B. On November 3, 2016, the Plaintiff received delivery of the instant house from the Defendant and commenced residing at that time.
However, as fungi occurring in the main wall of the instant house, the phenomenon of water leakage was occurring, and the Plaintiff demanded the Defendant to repair the instant house. On November 26, 2016, the Defendant agreed to the Plaintiff on November 30, 2016 that “The Defendant shall complete the repair of the kitchen defect and the large water leakage by November 30, 2016, and treat garbage in the instant house marina by December 30, 2016, and the instant lease agreement shall be terminated if the said matters are not implemented (hereinafter “instant agreement”).
C. On January 17, 2017, water leakage occurred in water tanks on the rooftop of the instant house. D.
On February 1, 2017, the Plaintiff sent to the Defendant a letter verifying the content that “the Defendant did not perform the obligation under the instant agreement against the Plaintiff, and the water tank was destroyed on January 17, 2017, and water leakage damage occurred in the small room of the instant house, and the Plaintiff could not reside in the instant house. As such, the Plaintiff sent to the Defendant a letter verifying the content that “The Plaintiff shall claim against the Defendant for the total amount of KRW 30 million,000,000,000,000,000,000,000,000, won for directors, and real estate brokerage fees.”
E. On April 2017, the Plaintiff rendered the Defendant the instant case.