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(영문) 서울중앙지방법원 2013.10.25 2013가합510024

손해배상(기)

Text

1. The defendant

A. The Plaintiff A’s KRW 16,640,924 and its related KRW 5% per annum from July 1, 2012 to October 25, 2013.

Reasons

1. Basic facts

A. On October 15, 2009, Plaintiff A decided to lease all the first floor of the Yeongdeungpo-gu Seoul Metropolitan Government D Building (hereinafter “the first floor of the instant building”) to the Defendant with lease deposit of KRW 30 million, monthly rent of KRW 2 million (excluding the first floor of each month, value added tax), and lease period of KRW 24 months.

(hereinafter “instant lease agreement”). The Plaintiff Company B (hereinafter “Plaintiff Company”) is a VN agency that mainly engages in the sale and lease of credit card inquiries. The Plaintiff Company sublets half of the first floor of the instant building from November 15, 2009 to November 14, 201 with the consent of the Defendant. < Amended by Presidential Decree No. 2328, Nov. 14, 2011>

B. On the first floor of the instant building, water leakage occurred in June 201, September of the same year, November of the same year, and January 2012.

C. On June 30, 2012, Plaintiff A delivered the first floor of the instant building to the Defendant.

[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 and 2 (if there are additional numbers, including each number; hereinafter the same shall apply), witness E, F, and G's testimony, the purport of the whole pleadings

2. Determination on the claim for damages by the Plaintiff Company

A. The gist of the claim is that the Defendant is a lessor of the Plaintiff A and a person who consented to the sub-lease of the Plaintiff Company, and breached the lessor’s duty to maintain the status necessary for the use and profit-making of the leased object, and thus, is liable

In addition, the defendant, as the owner of the building of this case, has inflicted damage on the plaintiff company due to the defect in the construction and preservation of the building of this case, there is liability for damages under Article 758

B. Whether the Plaintiff Company is liable for nonperformance or not is directly established between the Plaintiff Company and the Defendant, the lessor, on the ground that the Plaintiff Company lawfully concluded a sub-lease contract with the consent of the Defendant.

However, the civil law is against the lessor.