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(영문) 서울동부지방법원 2020.01.15 2018가단142828
손해배상(기)
Text

1. The Defendant’s KRW 5,028,00 and the following day to the Plaintiff shall be 5% per annum from June 1, 2019 to January 15, 2020.

Reasons

1. Facts of recognition;

A. On August 23, 2017, the Plaintiff entered into a sublease contract with the Defendant, setting the first floor and the first floor above ground (hereinafter “instant store”) of the building located in Seongdong-gu Seoul Metropolitan Government as the contract period from September 30, 2017 to September 30, 2020, the 30 million won of the sublease deposit, the 2.6 million won of the sublease deposit (payment from December 22, 2017, value-added tax, and the 2.6 million won of the sublease deposit, and thereafter the Plaintiff paid the sublease deposit and operated the car page at the instant store from around that time.

B. On September 12, 2017, the Plaintiff and the Defendant agreed with the Defendant to bear the cost of remodeling construction (hereinafter “instant agreement”) to bear the cost of construction for the primary design, structure design, removal, and sn beam reinforcement works, electric primary construction works, septic tanks, water supply and sewerage pipeline construction works, house-supply pumps construction works, stairs, roof waterproof construction works, roof waterproof construction works, and the first floor toilet construction works. The Plaintiff concluded a promise with the Defendant to bear the cost of construction (hereinafter “instant agreement”).

C. The Plaintiff paid D, as personnel expenses for electrical construction, KRW 900,00 on October 19, 2017, and KRW 250,000 on November 17, 201 of the same year. The Plaintiff spent KRW 973,200 on the material expenses from October 16, 2017 to the 19th day of the same month, and paid KRW 48,00 on September 26, 2017 at the expense of the integrated construction materials, and KRW 448,00 on May 31, 2019 for replacement of the integrated construction pumps.

In addition, on September 28, 2018, the Plaintiff paid KRW 4,785,000 in total to the cost of installing the building outer walls and external water leakage repair and the cost of installing the waterproofed amount of construction on September 28, 2018 due to water leakage in the ceiling of the instant store. After the said repair work was implemented, water leakage has not occurred any longer.

[Ground of recognition] Each of Gap evidence Nos. 1 through 4, 11 through 15, Eul evidence No. 1 (including each number, if any, hereinafter the same shall apply) and the whole of the pleadings.

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