손해배상(기)
1. The Defendant: (a) against Plaintiff A, KRW 18.4 million; (b) against Plaintiff B, KRW 11.2 million; and each of the said money, from March 14, 2017 to May 14, 2018.
1. Facts of recognition;
A. On September 6, 2013, the Defendant concluded a lease agreement with the Plaintiff, and leased the said plastic houses by setting the lease agreement as the annual rent of about 3.5 million won for about 1,200 vinyls located on the ground D and E at the time when the said Plaintiff owned the said Plaintiff, and from October 1, 2013 to October 1, 2016.
In addition, on October 1, 2013, Plaintiff B and the above Plaintiff’s greenhouse located on F on the ground of Naju owned by the said Plaintiff, entered into a lease agreement under the same conditions as to approximately 1,200 square meters, and leased the said vinyl.
(hereinafter the above vinyls leased by the Defendant were “the instant vinyls.” The Defendant raised the original in the instant vinyls.
B. From December 2015 to February 2016, many snow was found in the area where the instant vinyl was located.
around February 2016, the instant vinyl was collapsed on the ground that the steel frame consisting of the bones of a vinyl house without checking the weight of the snow accumulated. This case’s vinyl was collapsed all around February 2016.
(hereinafter “instant accident”)
C. As the instant vinyl collapse, it was impossible to use and make profits according to the purpose of the lease agreement, and it was confirmed that the cost of KRW 0 million was required to recover the vinyl house, and the Plaintiffs renounced the recovery of the vinyl house.
The agreement was reached by the Defendant to purchase a plastic house site from the Plaintiffs, and thereafter, the Plaintiff A brought about KRW 23 million, and the Plaintiff B removed the vinyl house in KRW 14 million.
[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 9, 10, 11 (including paper numbers), witness G testimony, the purpose of the whole pleadings
2. Determination as to the cause of action
(a) The lessee shall preserve the leased object with the care of a good manager until the leased object is returned upon termination of the contract, and in cases where the obligation to return the leased object has become impossible to discharge the liability for damages, the nonperformance due to the lessee’s cause attributable to the lessee.