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1. The Defendant’s KRW 38,940,172 and KRW 38,690,172 of the above money to the Plaintiff shall be KRW 250,000 from April 8, 2016.
Reasons
1. Basic facts
A. On December 31, 2013, the Plaintiff entered into a lease agreement with the Defendant on the second floor 301 among the buildings of the third floor above the third floor above the Gangseo-gu Seoul Metropolitan Government (hereinafter “instant housing”) with respect to KRW 40 million, monthly rent of KRW 200,000,000, monthly rent of KRW 10,000,000, monthly water use fee of KRW 600,000, annually for cleaning septic tanks, and the term of lease from February 5, 2014 to February 4, 2016 (hereinafter “instant lease agreement”), and paid KRW 50,000,000,000,000 for the contract deposit to the Defendant.
B. On February 5, 2014, the Plaintiff paid only KRW 15 million to the Defendant out of the remainder, and thereafter, moved into the instant house on the 13th day of the same month, and received the fixed date, and paid the remainder of the deposit KRW 20 million to the Defendant on August 8, 2014.
C. On November 2014, the Plaintiff demanded the Defendant to repair the boiler generated by water leakage, but did not comply with the demand. On August 19, 2015, the Plaintiff, who was not a power source supplier, was replaced by a middle boiler by 250,000 won.
On September 17, 2015, the Plaintiff filed the instant lawsuit, and around October of the same year, entered directors in the instant house, and delivered the instant house to the Defendant on April 7, 2016.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 2, 4, 6, Eul evidence No. 2, the purport of the whole pleadings
2. Determination:
A. The plaintiff asserts that the defendant is liable to pay the rent and management fee of KRW 1260,000,000,000 for the lease contract of this case and KRW 10,893,00,000 for cleaning septic tanks, and to pay the necessary expenses plus KRW 250,000,00 for replacement costs of middle and high boiler, which were paid as necessary expenses.
The defendant shall pay 120,000 won in arrears at the deposit of 40,000 won, and 18,935 won in arrears at the rate of 5% per annum on the overdue rent during the above period.