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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
Reasons
1. Basic facts
A. On October 21, 2015, the Plaintiff entered into a lease agreement with the Defendant under each of the following terms (hereinafter “instant lease agreement”) with the lease deposit of KRW 10,000,000,000, monthly rent of KRW 600,000, and the lease term of November 8, 2015 from November 8, 2015 to November 8, 2017.
B. On November 8, 2015, the Plaintiff began to reside in the instant loan, taking delivery of the instant loan from the Defendant.
C. From the beginning of the occupancy, Fungi in the wall of the bank in the location of the instant Ba, the Plaintiff demanded repair to the Defendant, which, on December 2015, the Defendant brought a temporary measure in total of KRW 365,000, but went worse.
As above, without paying the rent from March 2016, the Plaintiff demanded the Defendant to terminate the instant lease agreement, and around April 2016, the Plaintiff and the Defendant agreed on the issue of leaving directors in the instant loan.
E. On April 20, 2016 and May 2, 2016, the Plaintiff sent each of the certificates demanding the Defendant to terminate the instant lease agreement and compensate for damages, etc., to the extent that the discussions on the termination of the instant lease agreement with the Defendant were not well achieved.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 5, 6, 7 (including branch numbers), and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the repair was requested to the Defendant on the ground of serious defects such as mycoi in the instant loan, but the Defendant neglected this and failed to perform the lessor’s duty under Article 623 of the Civil Act.
Therefore, since the use of the loan of this case, which is the object of lease, was restricted, the amount equivalent to KRW 400,000 among monthly rent of KRW 600,00 should be reduced.
Therefore, the defendant is in total from December 2015 to February 2017 to the plaintiff.