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The defendant shall pay 430,000,000 won to the plaintiff.
The plaintiff's remaining claims are dismissed.
1/10 out of the costs of lawsuit.
Reasons
1. On July 9, 2016, the Plaintiff, who indicated the claim, leased the Yongsan-gu Seoul Metropolitan Government C Apartment D (hereinafter referred to as the “instant apartment”) owned by the Defendant from August 10, 2016 to August 9, 2018, the term of the contract was KRW 430 million, the lease deposit was KRW 430 million, and the monthly rent was 400,000,000. From around December 2018, the water leakage was generated in the inside bank, the ward, and the small bank, and did not comply with the Defendant’s request for defect repair.
Accordingly, the plaintiff notified the defendant of the termination of the lease contract on March 4, 2019, and the defendant is obligated to return the lease deposit to the plaintiff.
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;
3. Partial dismissal.
A. The plaintiff also sought a payment for delay of the lease deposit, but there is no assertion or proof that the plaintiff performed the duty of delivery of the apartment of this case in the simultaneous performance relationship with the defendant's obligation to return the lease deposit to the plaintiff (the plaintiff was the person who failed to perform the above duty of delivery). Therefore, the claim for this part of the claim is without merit.
B. The plaintiff claimed for the payment of KRW 40 million as damages by asserting that he suffered losses, such as the payment of the management fee for the apartment of this case, which was not used, due to the leakage of water that occurred in the apartment of this case, caused damage to clothes, etc., the plaintiff paid the temporary dwelling rent, but it is not sufficient to recognize the facts and amount of the damages alleged by the plaintiff solely with the descriptions and images of the evidence Nos. 2, 3, 5, 9, and 10, and there is no other evidence to acknowledge them. Thus, this part of the claim is without merit.