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(영문) 서울중앙지방법원 2014.12.03 2014나20058
손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 13, 2011, the Plaintiff leased the Dongjak-gu Seoul Metropolitan Government Ground C Single Housing (hereinafter “instant Housing”) from the Defendant during the period from September 5, 201 to September 4, 201, with a deposit of KRW 20 million, monthly rent of KRW 670,000 (the payment after September 5, 201), and the period from September 5, 201 to September 4, 2013.

B. On June 15, 2012, the Plaintiff demanded that 500,000 won per month be the Gu’s flag be written off while the Plaintiff was in arrears for the second month of June, 2012. The Defendant accepted the Plaintiff’s demand on June 15, 2012, and agreed that 60,000 won per month be reduced.

C. From April 6, 2013, the Plaintiff did not pay water leakages, etc. as a doping, and the Defendant visited the instant house with ASEAN or Human Rights Service Providers around July 12, 2013 in order to verify leakages.

On July 15, 2013, the defendant requested the plaintiff to deliver the above lease within one month after the termination of the above lease contract by mail, and from the plaintiff

7. 23.After receipt of a reply to the effect that the repair cost and arrears will be offset and that the full amount of the deposit will be returned as agreed upon;

7. The plaintiff's demand again was rejected on 29.29 and the above lease contract was terminated.

8. By the 16th day, the instant house was notified to be handed over.

E. The Defendant filed a lawsuit against the Plaintiff regarding the name of the building as the court order 2013da226483, and the Plaintiff received KRW 17,105,260 out of the deposit from the Defendant on August 28, 2013 and transferred the instant house.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 6, Eul evidence 1, 3, 5, 6, 10, 11, the purport of the whole pleadings]

2. Determination as to the cause of action

A. The Plaintiff’s assertion occurred while residing in the instant house. From March 2012, 201, serious defects, such as romaning from the wall, etc., were incurred, and the Plaintiff demanded repair of the defect from March 15, 2013 on several occasions as clothes, flags, etc. were damaged.

The plaintiff.

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