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(영문) 대구지방법원 2020.10.21 2019나321434
손해배상(기)
Text

Of the judgment of the first instance, the part against the plaintiff corresponding to the amount ordered to be paid additionally shall be revoked.

Reasons

1. On April 20, 2015, the Plaintiff leased (hereinafter “the instant lease”) the three commercial buildings located in Kimcheon-si, Kimcheon-si (hereinafter “instant store”) to the Defendant by setting the lease deposit of KRW 20 million, KRW 700,000, KRW 700,000, and KRW 200,000, and from April 20, 2015 to April 20, 2018, and received the delivery of the instant store after the expiration of the said lease term.

[Ground for Recognition: Facts without dispute, entry of Gap evidence No. 3 and purport of whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant failed to perform the duty to restore under the instant lease agreement, thereby causing damages to the Plaintiff to incur KRW 7,225,00,00 for the restoration of the store of this case, and KRW 450,00 for the removal of the signboard. As such, the Defendant is obligated to pay each of the above costs and the damages for delay to the Plaintiff. (2) Since the Defendant agreed to pay the Plaintiff a monthly rent of KRW 500,000 in return for the extension of the period of the instant lease agreement by 15 days, the Defendant is obligated to pay the above amount and the damages for delay.

3) At the time of returning the instant store to the Plaintiff, the Defendant did not return the building entrance doors of the instant store, the third floor entrance doors, the consignment entrance doors, the toilet 1 and 2 entrance doors, the keyss of the room 1 and 2 entrance doors, and the air-conditioning container with the ceiling 1 and 2 entrance doors, at the time of returning the instant store to the Plaintiff. The Defendant is obligated to pay to the Plaintiff the Plaintiff the keys of each of the said entrance, the air-conditioning container re-purchase cost of KRW 255,000 [= KRW 240,000 (heat) and the delay damages amounting to KRW 95,010 used at the time of the instant lease agreement, and thus, the Defendant is liable to pay the said costs and delay damages.

B. Determination 1: (a) the lessee’s duty to restore the leased property due to the termination of the lease of the instant store costs is not only to transfer possession of the leased property to the lessor, but also to the lessor at the time of lease.

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