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(영문) 수원지방법원 2019.12.12 2018가단7463
손해배상(기)
Text

1. The Defendants jointly share KRW 14,00,000 with respect to the Plaintiff and 5% per annum from April 3, 2019 to December 12, 2019.

Reasons

1. Facts of recognition;

A. On March 7, 2016, the Plaintiff and the Defendants entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 500,000, monthly rent of KRW 500,000, and the term of lease from March 11, 2016 to March 10, 2019 (hereinafter “instant lease agreement”).

B. According to the instant lease agreement, the Plaintiff paid KRW 20,000,000 to the Defendants, and operated an indoor fishing place, “E” (hereinafter “E”) after installing large water tanks, etc. on the instant leased building upon delivery of the instant leased building.

C. Around August 2017, the Plaintiff operated the instant fishing club at the instant leased building (hereinafter “instant water leakage phenomenon”) and caused a water leakage phenomenon in which rainwater flows out, i.e., some walls of the instant leased building and rainwater flows out, in which the long cover cost was over four times (round August 6, 2017; August 16, 2017; August 20, 2017; August 21, 2017);

Considering that the Plaintiff’s instant fishing business was hindered due to the instant water leakage, the Defendants exempted the Plaintiff from monthly rent in August 2017 and September 2017, and the Plaintiff paid to the Defendants the monthly rent in October 2017.

E. However, by December 28, 2017, the Plaintiff operated the instant fishing route in the instant leased building, and around February 19, 2018, the Defendants did not repair the instant leased building despite the Defendants’ request for repair, and thereby, the Defendants could not use and profit from the instant leased building for the purpose of lease. Accordingly, the instant lease agreement is terminated by February 28, 2018.

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