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(영문) 의정부지방법원 2017.06.01 2016가단24796
전세보증금반환 및 손해배상
Text

1. The Defendant shall pay to the Plaintiff KRW 80,00,000 and the interest rate of KRW 15% per annum from October 6, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On September 11, 2015, the Plaintiff entered into a lease agreement with the Defendant on the following occasions: (a) concluded a lease agreement (hereinafter “instant lease agreement”) with regard to the part of the first floor among the brick sloping roof 2 and 93.24 square meters of the 1st floor, the 2nd floor 85.56 square meters of the 2nd floor (hereinafter “instant building”); and (b) between October 26, 2015 and October 25, 2017, the lease agreement was concluded between both parties, and the Defendant paid the lease deposit to the Defendant.

B. Defect 1) The drainage pipe of the outer wall of the building linked to the second floor floor of the instant building, starting from the second floor toilet floor of the instant building, was destroyed, and water leakage occurred from the heating distribution apparatus of the balcony following the second floor of the building.

B) Water flowing from a drainage pipe and a heating distribution pipe flows into a kitchen, living room, or bed room. As a result, water flows into a large scale of water depending on the ceiling and wall of the kitchen, living room, and bedle to the floor. (ii) As a result, the 7 columns installed on the outer wall of the building of this case are not installed with a short heat, but a short heat from the wall installed on the wall of this case is a relatively less than 50m width.

For this reason, there was a serious phenomenon in the columns, etc. of the instant building.

(2) In the above case, the above defect of the building of this case is deemed to be the defect of this case.

(1) From December 2015 to August 9, 2016, the Plaintiff demanded the Defendant to repair the instant defect on several occasions. However, the water leakage and the completion of the instant building continued until the time when the Plaintiff leaves the instant building. (2) The Plaintiff removed the instant building from the building on August 9, 2016, and on August 12, 2016, the Plaintiff used and used the instant building due to defects, such as water leakage, etc. generated from the instant building.

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