양수금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
1. The court's explanation on this part of the basic facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, in addition to the dismissal of part of the judgment of the court of first instance as follows. As such, this part of the judgment of the court of first instance is cited in accordance with the main sentence of
o Under the second two pages, the term "lease Agreement" shall be read as "Lease Agreement (hereinafter referred to as "Lease Agreement")".
o Under the second two pages, the term “insurance contract” shall be deemed to read “insurance contract” (hereinafter referred to as “instant insurance contract”).
o The third side of the 10th place “the occurrence of a fire on a house has occurred” to “the occurrence of a fire on a house (hereinafter referred to as “instant fire”)”.
2. Determination
A. 1) In cases where a lessee’s obligation to return an object of lease is impossible due to the extinguishment of a leased object due to a fire, etc., the lessee is liable to compensate for damages arising from the nonperformance of the duty to return the object unless he/she proves that the nonperformance was due to a cause not attributable to himself/herself, and the same applies to cases where the specific cause of a fire, etc., such as a fire, has not been revealed.
In addition, this legal principle also applies to cases where a lessee seeks damages on the ground that the returned leased building was damaged by a fire, although the obligation to return the leased object was not impossible at the end of the lease.
Meanwhile, a lessor is obligated to deliver the leased object to the lessee and to maintain conditions necessary for the use and profit-making during the lease term (Article 623 of the Civil Act). If a fire that occurred during the lease term is presumed to have occurred due to a defect existing in the area controlled and managed by the lessor, repairing and removing the defect must maintain the leased object as necessary for the use and profit-making of the leased object.