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1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.
(a)..
Reasons
1. The grounds for this part of the judgment of the court below are as follows: (a) the Defendant, “from April 5, 2016 to April 14, 201,” which stated “from April 5, 2016 to Nonparty Company,” is as stated in the relevant part of the judgment of the first instance; and (b) thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The Defendant’s negligence in the execution of the Plaintiff’s assertion led to the occurrence of water leakage in the instant real estate due to the Defendant’s negligence, and the Plaintiff, as a part of the claim, sought payment of KRW 140,701,662 and delayed damages to the Defendant.
1) Construction cost of KRW 24,937,00 for the instant real estate was paid.
2) The non-party company, the lessee of the instant real estate due to the leakage of the instant real estate, discontinued its main business after July 5, 2016 and did not pay the rent from July 2016 for the reason that it was impossible to use or profit from the instant real estate.
Accordingly, from July 2016 to April 2018, the termination date of the instant lease agreement, the Plaintiff extended the amount of KRW 387,200,000 (i.e., KRW 16 million x 1.1 x 22 months) and (ii) management expenses and value-added tax 40,701,562 to the appellate court.
The plaintiff omitted the judgment of the first instance court.
However, the plaintiff claimed the payment of rent and management expenses for the 22-month period except the value added tax, in the complaint, from October 16, 2019 to the previous 22-month period including the value value added tax, and the first instance court omitted the judgment on the management expenses, since the plaintiff requested the payment of rent from the preparation document of October 16, 2019 to the previous 22-month period including the value added tax.
shall not be deemed to exist.
The details of the Plaintiff’s specific claim are as follows: management expenses and value-added tax (=2,913,340 won x1.1) on July 2016; management expenses and value-added tax (=2,296,880 won x1.1) on August 2016; management expenses and value-added tax (=2,088,080 won x1.1) on September 1, 2016 to April 2018; management expenses and value-added tax of KRW 35,200,000 ( = 1,60,000 won x1.x20 months) on the aggregate;