(영문) 창원지방법원진주지원 2015.01.07 2014가합10598

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(영문) 창원지방법원진주지원 2015.01.07 2014가합10598

임대차보증금

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1. The Defendant shall pay 150,000,000 won to the Plaintiff and 20% per annum from July 12, 2014 to the day of complete payment.

Reasons

Basic Facts

The plaintiff is a person who operated a public bath in the building listed in the attached Form (hereinafter referred to as the "building of this case"), and the defendant is the owner of the building of this case.

On March 12, 2013, the Plaintiff leased the instant building from March 30, 2013 to March 29, 2015, by setting the lease deposit of KRW 150,000,000, monthly rent of KRW 1,300,000. The Plaintiff bears the costs related to consumed goods incurred during the lease period, and the Defendant bears the costs related to all the remainder (damages incurred inside the building). If the Defendant did not bear the said costs, the Plaintiff entered into a special agreement to deduct the construction cost from the rent. At that time, the Plaintiff paid KRW 150,00,000 to the Defendant.

However, from the time when the lease contract on the instant building was concluded, there was a stove disorder, stove room, and water leakage in the boiler.

The Plaintiff expressed to the Defendant his/her intent to terminate the instant lease contract by serving a duplicate of the instant complaint, and on July 11, 2014, the duplicate was served on the Defendant.

[Based on the facts of no dispute, Gap evidence Nos. 1 and 3-1, and legal lease agreement related to determination of the cause of claim for the whole pleadings, the lessor bears the duty to maintain the conditions of use and profit-making of the leased object while the lease is in existence. Thus, if the leased object is damaged or damaged and the lessee fails to repair it, the lessor bears the duty of repair if it would interfere with the use and profit-making of the leased object according to the purpose stipulated in the lease agreement.

Such duty to repair a lessor is recognized to the extent necessary to allow the lessee to use and benefit from the leased object according to the purpose of the lease, except in extenuating circumstances.

유사 판례

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