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Reasons
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(영문) 대구지방법원 2015.05.29 2014나21364
손해배상 등
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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

2. The defendant.

Reasons

1. Basic facts

A. On March 7, 2002, the Plaintiff leased approximately KRW 20,000 (hereinafter “instant housing”) to the Defendant on a deposit basis of KRW 32,00,000 among the three-story buildings located in Daegu-gu, Daegu-gu, and two-year lease period (hereinafter “instant lease”).

B. Even after the termination of the lease term of this case, the Defendant continued to occupy the instant house by continuously residing in the instant house or sublet it to a third party.

C. The Defendant paid the Plaintiff the water use fee and the cleaning fee of the septic tank due to the use of housing during the lease term of this case. The Defendant did not pay the above expenses from January 16, 2005.

Around 2008, the Defendant installed a second boiler on the instant house, and accordingly, the increased value of the instant house is KRW 200,000.

E. On April 1, 2014, the Plaintiff and the Defendant agreed to terminate the instant lease agreement. From April 1, 2014 to April 17, 2014, the Plaintiff returned the full amount of the deposit to the Defendant, and the Defendant handed over the instant house to the Plaintiff on April 15, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3-1 and 2, the purport of the whole pleadings

2. From January 16, 2005 to April 15, 2014, the Defendant asserted by the Plaintiff did not pay the Plaintiff the sum of the water use fees and cleaning expenses for septic tanks (2,248,860 won x 111 months) for nine months from January 16, 2005 to April 15, 2014. Since the Defendant spent KRW 2,14,000 to the Plaintiff after destroying the water tap and the water mouth, the Defendant is obligated to pay the Plaintiff a sum of KRW 2,462,860 and delay damages.

3. Determination

(a) Fees for the use of water and fees for cleaning septic tanks;

1.(c)

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E. As seen in the foregoing paragraph, the Defendant is obligated to pay the Plaintiff the water use fee and the cleaning cost of the septic tank from January 16, 2005 to April 15, 2014.

The plaintiff asserts that the sum of the water use fee and the cleaning cost of the septic tank is 20,260 won per month, but there is no evidence to recognize it.

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