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(영문) 창원지방법원 2020.08.27 2019나61417
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On February 12, 2018, the Korea Land and Housing Corporation: (a) between the Defendant and the Defendant, designated the Plaintiff, who is a basic living recipient, and entered into a lease lease agreement between the former lease deposit and the period from February 23, 2018 to February 22, 2020, by designating the Plaintiff, who is a basic living recipient; and (b) concluded a lease lease agreement between the former lease lease agreement from February 23, 2018 to February 22, 2020.

(hereinafter “instant lease contract”). The Plaintiff occupied and resided in the instant house at that time.

B. Among them, the plaintiff and the defendant have a dispute over the reason why the short circuit prevention period of the house in this case would be lowered, the related construction work issues, the director's expenses and brokerage fees, etc.

On February 20, 2019, the Plaintiff sent to the Defendant a content-certified mail stating that “The Plaintiff requires the Defendant to fulfill his/her duty as a lessor because the water leakage and water leakage problems in the instant house have not been resolved and the damage has been sustained due to the failure to perform his/her duties.”

C. The Korea Land and Housing Corporation sent an official notice to the Defendant that the instant lease contract will be terminated on March 15, 2019 upon the agreement between the occupants and the lessor (i.e., “reasons” is confirmed to have been sent by the lessor to the occupants with the letters of consent) to return the lease deposit to the designated account.

The Plaintiff and the Defendant agreed to terminate the lease contract as of April 11, 2019 and return the deposit, and the Plaintiff removed from the instant house on April 12, 2019.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 6 evidence, Eul 6, 7, 9, 11, 16, 18 evidence, and the purport of the whole pleadings

2. Fungi occurring in this case’s housing subject to the Plaintiff’s claim, which led to the Plaintiff’s occurrence of water leakage, and the normal use of the leased object, such as it is impossible to operate cooling and heating.

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