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(영문) 제주지방법원 2018.12.05 2018나947
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 22, 2014, the Plaintiff leased 3rd E units of multi-family housing in Jeju City (hereinafter “instant housing”) to the Defendants as KRW 2 million per annum from August 22, 2014 to August 21, 2015, the lease deposit amount of KRW 2 million, and the rent of KRW 5 million per annum.

(hereinafter “instant lease agreement”). B.

After that, the instant lease agreement terminated on August 21, 2015, and the Defendants delivered the instant housing to the Plaintiff around that time.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff’s assertion did not restore the entrance in the process of residing in the instant house to its original state, and did not partially pay for the collection of septic tanks to be borne by the Defendants.

Therefore, the defendant is obligated to pay the plaintiff the total of KRW 1.5 million and KRW 30,000,000,000 for the replacement of the entrance and the collection of septic tanks.

3. According to the purport of the Plaintiff’s evidence Nos. 1 through 4 and the entire pleadings, at the time of termination of the instant lease agreement, the Plaintiff returned only one million won remaining after deducting one million won in terms of repair expenses, from the lease deposit of 2 million won. Accordingly, the Defendants filed a lawsuit against the Plaintiff for seeking payment of the remaining lease deposit of KRW 1 million from the Jeju District Court 2015No. 20790 (hereinafter “transfer lawsuit”), and the appellate court acknowledged the Plaintiff’s right to claim damages equivalent to the Plaintiff’s repair expenses of the current official door on August 31, 2017 and KRW 30,000,000 as a matter of course, the Plaintiff’s claim was naturally deducted from the Plaintiff’s lease deposit, and thus, the Plaintiff’s claim against the Defendants was returned to the Plaintiff each of the remaining lease deposit of KRW 260,000,000,0000 (No. 261, Feb. 31, 2016).

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