손해배상(기)
1. The plaintiff's appeal is 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.
1. The summary of the Plaintiff’s assertion is the lessee who leased the Plaintiff, Busan-gun C and D (hereinafter “the instant real estate”) with the duty of due care as a good manager to preserve the leased object and restore it to the Plaintiff as a lessor at the time of termination of the lease, but the lessee breached his duty of care as a lessee, thereby damaging the instant real estate, failing to restore it to its original state, and intentionally impeding the Plaintiff’s lease by completing the lease registration on the instant real estate.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 13,50,000 (= KRW 13,950,000 - KRW 450,000), excluding KRW 450,000, out of the cost of visiting and repairing gate 13,950,000 as indicated below (hereinafter “net 5”) out of the amount of damages as indicated in the following table, as compensation for restitution or tort.
The monthly rent of 6,500,000 non-lease 2, the expenses for replacement of substitute seats due to the damage to substitute seats of 1,100,000 living rooms 3 living rooms 2,00,000 for the management expenses paid by the Plaintiff for 1,10,00,000 for the loss of 50,000,000 and the expenses for repair of gate molds 850,000,000 for the replacement of locks due to 6 key rooms 850,000,000 for the loss of the Plaintiff’s 1,00,000,000 for the directors of the instant real property in order to reduce the loss of 7,00,000 for the 1,00,950,000
2. Determination
A. The lease object was partially damaged in the judgment lease agreement on Nos. 3, 4, and 5.
Even if a lessee uses the leased object during the lease period, the economic assessment of the damaged part caused by the extinction of the leased object is already reflected in the rent, etc. Therefore, the lessee’s duty to restore the leased object cannot be deemed to mean that the lessee should restore the leased object as it is at the time when the leased object is delivered from the lessor, and there are special circumstances, such as that the damaged value exceeds the degree of natural wear and tear or depreciation.