손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 27, 2015, Daewoo Shipbuilding Construction Co., Ltd. completed the registration of initial ownership in relation to the apartment (C 102 dong 504) (hereinafter “instant apartment”) on the ground that on March 30, 2015, the Plaintiff completed the registration of initial ownership in relation to the instant apartment (hereinafter “instant apartment”) on October 31, 2012.
B. On January 28, 2015, the Defendant entered into a lease agreement with the Plaintiff, setting the lease deposit amount of KRW 240,000,000 with respect to the instant apartment, and the term of lease from February 15, 2015 to February 15, 2017 (hereinafter “instant lease agreement”). At that time, the Defendant paid KRW 240,000,000 to the Plaintiff.
C. On January 17, 2017, the Defendant agreed with the Plaintiff to terminate the instant lease agreement while being transferred and used the instant apartment, and on the same day, delivered the instant apartment to the Plaintiff.
On January 17, 2017, the Plaintiff returned only KRW 224,000,000 among the lease deposit KRW 240,000,00 to the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. The main point of the Plaintiff’s assertion is that the Defendant used the instant apartment and damaged the said apartment to form KRW 43,00,000,000, the repair cost, so the Defendant should pay the said repair cost to the Plaintiff.
B. Determination 1) The lessee is obligated to preserve the leased object with the care of a good manager until it is delivered. If the leased object is destroyed or damaged due to the breach of such duty of care, the lessee is liable to compensate for the damage therefrom. If the leased object is destroyed or damaged, the lessee is exempted from his/her liability (see, e.g., Supreme Court Decision 91Da22605, 22612, Oct. 25, 191). Meanwhile, the leased object was partially damaged under the lease agreement.
In general, it is common.