손해배상(기)
1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
(a)in the first floor of the building listed in the separate sheet, the indication of the annexed sheet 1.
The main lawsuit, counterclaim is also considered.
1. Basic facts
A. On August 5, 2005, the Defendant: (a) attached Table 1, 2, 5, 4, and 1 among the first floor of the building indicated in the attached Table attached hereto, the Defendant, in sequence, leased to the Plaintiff KRW 1,00,000,000 for deposit money of KRW 1,00,000 and KRW 50,000 for monthly rent.
(hereinafter referred to as the “instant lease contract”). B.
From the lease of the instant building to April 14, 2014, the Plaintiff operated a restaurant in the name of “C” in the instant building.
[Reasons for Recognition] Evidence Nos. 1, 5, Eul No. 1, and the purport of the whole pleadings
2. As to the main claim
A. Plaintiff’s assertion 1) From around 2010 to around 2010, the part of the instant building caused damages due to the Defendant’s failure to repair despite the Defendant’s request for repair, and thus, the Defendant is liable to compensate the Plaintiff for the damages equivalent to KRW 3,024,00 (=30,000 won x 28 days x 36 months) for the operating losses for three years. (2) On October 5, 2005, the Plaintiff entered into a lease agreement with the Defendant on the part of the instant building with the monthly rent of KRW 2,00,000,000,000 for the premium at that time. Since the instant lease was terminated on or around April 2014 due to the Defendant’s failure to perform its repair obligation, the Defendant is obligated to pay the Plaintiff deposit of KRW 1,00,000,0000,000,000,000 won and KRW 300,000,00.
B. Judgment 1-2
A. As to the allegation of paragraph (1), in the lease agreement, the lessor is obligated to maintain the conditions necessary for the use and profit-making of the leased object while the lease agreement is in existence.
Therefore, if the object has been damaged or hindered, it shall not be repaired.