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The defendant's KRW 30,300,000 to the plaintiff and 5% per annum from November 30, 2019 to July 16, 2020 to the plaintiff.
Reasons
1. Facts of recognition;
A. On January 12, 2019, the Plaintiff concluded a lease agreement from the Defendant to January 19, 202 with the lease deposit amount of KRW 30,000,000, and the lease term of KRW 30,000 from January 20, 2019 to January 19, 2021.
(hereinafter “instant lease agreement”). B.
After moving into the instant real estate, the Plaintiff told the Defendant that Fung and malodor were generated together with the wall and ceiling, etc. at around one to two weeks.
Although the defendant proposed to move to another family room, the plaintiff expressed his/her intention to return the lease deposit because he/she wants to have a director.
C. The Defendant did not comply with this, and the Plaintiff’s residing in the instant real estate, and as fung and mycoa have deteriorated, the Plaintiff expressed his intent to terminate the instant lease agreement to the Defendant on May 5, 2019, and delivered the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. Determination as to the cause of action
A. In the lease contract of this case as to whether the lease contract of this case is terminated, the lessor is obligated to maintain the conditions necessary for the use and profit-making of the leased object while the contract is in existence (Article 623 of the Civil Act). Thus, if the leased object is damaged or obstructed by the leased object, the lessor is not obligated to repair if it is so small that the lessee can easily and easily use the leased object without any separate expense, and it does not interfere with the lessee’s use and profit-making. However, if it is not repaired, the lessor is obligated to repair it if it becomes impossible for the lessee to use and profit-making pursuant to the purpose determined by
If the lessor delays the repair obligation, the lessee is due to the delay of the repair obligation of the lessor.