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(영문) 수원지방법원 2020.06.03 2019나82295
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. On November 4, 2017, the Plaintiff, the Defendant, and the Korea Land and Housing Corporation concluded a contract with the Defendant to move into the instant housing (hereinafter “instant lease contract”) by paying KRW 4,700,000 among the above lease deposit and monthly rent of KRW 85,00,000, monthly rent of KRW 150,000, and the lease period from November 26, 2017 to November 25, 2019.

B. After entering into the instant lease agreement, the Plaintiff occupied the instant house, and the number of people was generated in the ceiling of the house around February 2018.

For this reason, the Plaintiff demanded the Defendant to terminate the above contract, and the above contract was terminated in the middle.

C. On April 30, 2018, the Plaintiff, E, and the Korea Land and Housing Corporation entered into a contract with the Korea Land and Housing Corporation to move into the said house by paying KRW 3,750,000 out of the deposit, and paying KRW 75,00 from June 3, 2018 to June 2, 2020.

On June 3, 2018, the Plaintiff moved from the instant housing to the housing owned by the said E, and paid KRW 2,500,000 to the director’s expenses.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 3 through 7 (including virtual numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant asserted that the Plaintiff violated the duty to maintain the conditions necessary for the use and profit-making of the leased object as a lessor, by failing to repair it, even though a serious leakage occurred in the instant house, and eventually, the Plaintiff did not have any other director at a different place.

Therefore, the defendant is liable to compensate the plaintiff for damages caused by the above breach of duty, and the scope of compensation for damages is as follows.

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