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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts below the facts found do not conflict between the parties, or may be acknowledged pursuant to the purport of Gap's evidence Nos. 1, 2, 5, 8, and 10, as well as Eul's testimony and whole pleadings. A.
On September 13, 2012, the Plaintiff and a licensed real estate agent C who represented by the Defendant on September 13, 2012 set a lease of approximately 30 square meters on the first floor of the Dobcheon-si D shop (hereinafter “instant store”) from October 1, 2012 to 4 months, and KRW 700,000 each for the said lease period. However, the Plaintiff agreed to pay KRW 2,10,000 for three-month of the said lease period (i.e., monthly 70,000 x 4 months) by paying to the Defendant on the same day, and the remainder of KRW 700,000,00 for the said lease period is to install the electric facilities at his own expense and in lieu of the said payment (hereinafter “instant lease”).
B. On September 13, 2012, the Plaintiff paid KRW 2,100,000 to the Defendant for the said three-month period. On September 14, 2012, the Plaintiff entrusted E with the installation work of electric facilities for the instant store, and paid KRW 700,000 for the construction cost around that time.
C. On September 14, 2012, E deposited the new installation of electric facilities into the Korea Electric Power Corporation, and completed the installation of electric facilities, and completed the installation work to the Korea Electric Power Corporation on September 17, 2012.
Before the lease period begins, the Plaintiff discovered the fact that water flows on the floor of the instant store before the instant store begins, and informed C of such fact, and C also visited the instant store and confirmed that the floor of the instant store was milched with a straw.
E. Around that time, the Plaintiff notified the Defendant of the instant shop’s height and requested the Defendant to prepare countermeasures. However, the Defendant did not take any particular measure against the Plaintiff’s request.
F. The plaintiff is due to the height of the store of this case.