(영문) 인천지방법원 2015.05.13 2014나17527

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(영문) 인천지방법원 2015.05.13 2014나17527

손해배상(기)

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1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

2...

Reasons

1. The Plaintiff asserted that the Plaintiff leased the lease deposit amount of KRW 45,00,00 to the Defendant Kimpo-si 102 Dong 301 (hereinafter “instant house”) (hereinafter “instant lease”) and ① the Defendant’s fault in managing the instant house during the lease period caused damage to water leakage in the instant house on the wind tank that flows over water from the rooftop water tank. While using the instant house, the Defendant used the instant house, and caused damage equivalent to KRW 7,00,000,00 in total, including repair costs.

② Nevertheless, the Defendant requested only the return of the lease deposit without restoring the above damage until the expiration of the lease term, and filed an application for provisional attachment and a request for auction (hereinafter “request for auction of this case”) with respect to the housing of this case, and the Defendant agreed to terminate the provisional attachment upon the termination of the lease contract with the new tenant, and did not implement the provisional attachment. On the ground that the new tenant knew that the lease contract concluded with the Plaintiff is terminated on the ground of the above provisional attachment, the new tenant would pay the remainder to the Plaintiff. On the other hand, the Defendant had the Plaintiff respond to the conciliation in a lawsuit against the Plaintiff for return of the lease deposit filed against the Plaintiff, and had the Plaintiff comply with a tort, such as having the Plaintiff make a provisional attachment on the monthly salary of the Plaintiff, and had the Plaintiff receive a total of KRW 7,00,000,000 from the Plaintiff as interest on arrears, auction expenses, and fees for certified judicial scrivener.

③ In addition, the Defendant did not pay 300,000 won for two-month rent during the lease period.

Therefore, the Defendant is obligated to pay the Plaintiff the sum of KRW 14,300,000 ( KRW 7,000,000,000) for the damages, overdue rent, etc. ( KRW 300,000).

2. Determination

A. As to the claim of damages equivalent to the housing repair cost of the instant case, the written evidence No. 2 is alone.

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