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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Defendant leased the Plaintiff’s KRW 103 Operation 103 located in Jung-gu Incheon Metropolitan City (hereinafter “instant housing”) from the Plaintiff and moved in the instant housing from March 19, 2013 to March 3, 2015, and was a director.
B. Article 4 of the lease agreement concluded by the Plaintiff on the instant house provides that “If the lease agreement is terminated, the lessee shall restore the instant house to its original state at the time of lease and return it to the lessor.”
C. After the Defendant’s director, the Plaintiff visited the instant house on March 14, 2015, and confirmed the condition thereof, and found that the Plaintiff was replaced with a reading center with no corrective device, and that three of five reading centers with corrective devices are replaced with a reading center with no corrective device.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 3, and 5 (if there are virtual numbers, including each number), the purport of the whole pleadings
2. Determination on claims for damages caused by visit and destruction of a wall
A. According to the facts based on the occurrence of liability for damages, the Defendant appears to have damaged the wall and visit of the instant house while residing in the instant house.
Therefore, the defendant is liable to compensate the plaintiff for damages equivalent to the cost of restoring the damaged part to its original state.
B. Comprehensively taking account of the description of No. 4 of the scope of liability for damages and the purport of the entire pleadings, the Defendant’s damages amounting to KRW 550,000 (i.e., KRW 400,000 on the wall of KRW 150,000) to recover the damaged portion as above. As such, the Defendant’s damages amount to KRW 550,000 shall be the Defendant’s damages
3. The Plaintiff seeking compensation for damages due to the replacement of reading centers. The Defendant destroyed three reading centers with corrective devices while residing in the instant housing, and then replaced them to a low-price reading center with no corrective devices, and sought compensation for damages equivalent to KRW 150,000 for the costs of replacing them to the previous reading center.
Domination, foundation, alone.