A. On June 12, 2017, the Plaintiff leased Yongsan-gu Seoul Metropolitan Government C Apartment D (hereinafter referred to as the “instant apartment”) the lease deposit amount of KRW 50,00,000, monthly rent of KRW 370,000, and the lease term of KRW 3,700,000 from June 30, 2017 to December 31, 2018.

B. However, around August 10, 2018, around 12:57, the pipes of the heating temperature water distribution apparatus installed between the instant apartment and E were teared, and the relevant part was leaked, due to the leakage of hot water, there was a water steam from the toilet of the instant apartment, along with the water leakage, and the fire alarm device operated in the instant apartment inside the apartment.

C. The Plaintiff, who had been staying in the U.S. at the time, was contacted on August 10, 2018 at around 13:25, when one hour and 30 minutes elapsed from the time when the first fire alarm device was operated, and the Plaintiff, who had been in the U.S., called “multi-family housing management business”, was on contact with the Plaintiff at around 14:00 on the same day.

As the water and hot water steam generated from the accident of this case, damage was inflicted on the toilet tent, furniture and stored goods in the apartment of this case.

E. On September 11, 2018, the Plaintiff transferred the instant apartment to the Defendant who wants to repair the instant apartment.

[Evidence A] Evidence Nos. 1 through 10

2. Determination as to the cause of action

A. In relation to the duty to return the lease deposit, the Plaintiff was unable to use and benefit from the instant apartment due to the instant accident, which constitutes a breach of the duty of the Defendant, a lessor, to maintain the status necessary for the use and profit-making of the instant apartment, which is the leased object (Article 623 of the Civil Act).

Therefore, since the lease contract was terminated by the plaintiff's notice of termination, the defendant is obligated to return the lease deposit to the plaintiff KRW 50,000,000.

B. As to other claims, the Plaintiff’s monthly rent of KRW 3,700,000 for the monthly rent of August 2018 shall be paid on July 27, 2018, and the monthly rent of KRW 3,700 for September 2018.