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. On December 24, 2012, the Plaintiff asserted that: (a) around December 24, 201, the Plaintiff leased the instant apartment (hereinafter referred to as the “instant apartment”) with a deposit of KRW 230,000,000; (b) from December 24, 2012 to December 23, 2014; (c) the Defendant resided in the said apartment (hereinafter referred to as the “instant lease agreement”) for about four years; and (d) on December 22, 2016, transferred the instant apartment to the Plaintiff.
Although the Defendant returned the apartment of this case to the original state upon the termination of the instant lease agreement, the Defendant breached its duty to restore the apartment of this case to the original state, destroyed the bend floor in violation of its duty to return the apartment of this case, and returned it to the original state with damaged the structures of the living room, the columns of the living room, and each gate, etc.
Therefore, the defendant is obligated to pay the above remuneration cost of KRW 2.2 million paid by the plaintiff to the plaintiff and the delay damages.
2. Determination
A. According to the purport of the evidence No. 1 and the entire pleadings, the lessee of the instant lease is recognized as the “Seoul High School of Science and Technology, the Incorporated Foundation,” or the “the president of the Daegu High School of Science and Technology
Thus, the defendant is not a party to the lease contract of this case (Lessee), and it does not bear the duty of restoration under the lease contract of this case.
Therefore, the plaintiff's claim based on the premise that the defendant is a lessee of the instant lease agreement is without merit.
Since the economic assessment of damaged parts caused by the wear of an object is already reflected in rent, etc. by a person using the attached object during the lease period, the lessee is subject to such assessment only when there are special circumstances that damage to the value exceeds the extent of natural wear and tear or depreciation.