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1. The Defendant: (a) KRW 145,91,670 for the Plaintiff and 5% per annum from April 26, 2016 to December 21, 2016; and (b).
Reasons
1. Basic facts
A. On August 31, 2015, the Plaintiff concluded a lease contract (hereinafter “instant lease contract”) with respect to the lease deposit KRW 100 million, monthly rent of KRW 250,000,000, and the term of lease from September 4, 2015 to September 3, 2017, with respect to the lease deposit under subparagraphs 1 and 2 of the Nam-gu Incheon Metropolitan City C apartment Basement (the total amount of subparagraphs 1 and 2 above is used as a single private house; hereinafter “instant rain”).
Paragraph 5 of the Special Agreement on the Lease of this case states that "the lessor shall reimburse for the right of discount of membership issued before the operation of the business," and Paragraph 9 of the same Article states that "the normal operation of the mechanical room."
B. As a result of the inquiry of the fact to the Korean Bathing Business Federation, an incorporated association of this Court, the water temperature (the water temperature finally emitted from the water apex by mixing the straw and supporting materials) used by the general customers in December and January of the winter is ordinarily inside and outside of 40 to 42 degrees.
The temperature of a bath in and out of a bath in December and January of winter iron shall normally maintain the level of 43 to 45 degrees.
C. As a result of the fact-finding inquiry conducted by the Korea U.S. Industries Co., Ltd., the results revealed as follows: (a) the Korea U.S. Industries Co., Ltd., prior to the appraisal of the boiler of this case; and (b) the status of two gas boilers among the boiler of this case.
“The instant Stona, EX-500SG gas boiler and EW-60 gas boiler are in operation due to the loss of major components and the type of shot-500 SG gas boiler, and EW-60 gas boiler are in operation, but it is difficult to ensure safety in light of the boiler’s condition and management status.”
D. As a result of the appraiser D’s appraisal of the boiler 1, the main boiler of the instant stove is the air heat boiler, which is an energy-saving device, and EW-60 gas boiler, for reserve use in the event of the shortage of bathing water.