logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.04.16 2019나75532
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. (1) On December 7, 2015, the Plaintiff: (a) on the basis of the claim, on the part of the Defendant, set the Yeongdeungpo-gu Seoul Metropolitan Government C Apartment D (hereinafter “instant apartment”); (b) KRW 680 million as security deposit; and (c) from January 14, 2016 to January 3, 2018 as security deposit period; and (d) leased the instant apartment D (hereinafter “instant apartment”) to the Defendant.

(2) The instant lease agreement provides for the following: (a) The lessee shall restore the apartment complex of this case to its original state and return it to the lessor upon the termination of the lease agreement; and (b) the lessor shall return the deposit to the lessee; and (c) the lessor shall return the remainder after deducting it from the deposit in the event of overdue rent and damage compensation (Article 5); and (d) the lessee shall be deemed to have the lease contract in the present state of the facility and the lessee shall be deemed to have the restoration key to the original state upon the damage to the facility (excluding old and natural wear and tear) (Article 1).

(3) The Defendant resided in the instant apartment in accordance with the instant lease agreement, and transferred the instant apartment to the Plaintiff on February 26, 2018.

(4) The above facts are not disputed between the parties, or can be recognized by each description of Gap evidence Nos. 1 and 27 (including the provisional number; hereinafter the same shall apply) and the whole purport of oral argument, and there is no evidence to obstruct it.

2. Determination on the cause of the claim

A. (1) The plaintiff's assertion (1) caused damage to the defendant's living room floor, remote area, living room screen, household, wall wall, air-conditioning pipe, etc. of the apartment of this case due to a cause attributable to the defendant, with the total repair cost of KRW 9,427,00 (the wall of KRW 1,430,000 in remote area of KRW 6,622,000 in living room's floor and KRW 330,000 in wall of KRW 330,000 in air-conditioning pipe and KRW 220,000 in air-conditioning pipe), and thus, the defendant is obligated to pay the above damage compensation and its delay damages to the plaintiff.

arrow