손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is the owner of the building indicated in the attached list.
B. From May 2010, the Plaintiff (i) leased approximately 25 square meters (25 square meters, 82.64628 square meters, hereinafter “instant store”) among the buildings indicated in the attached list from the Defendant from around May 201, and (ii) operated the automobile goods sales business in the name of “C”.
C. On November 19, 2014, at the instant store around 05:00, a fire (hereinafter “the instant fire”) occurred, and the instant store was set up and the instant store was set up, and automobile products, such as car and audio equipment, which the Plaintiff had been kept for sale at the instant store, were destroyed.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, 7 through 19, 23 (including Serial number; hereinafter the same shall apply)'s descriptions, images, and the purport of the whole pleadings
2. Summary of the parties' arguments
A. Plaintiff 1) Although the Defendant, a lessor, was obligated to maintain the instant store, which is the leased object, in a state necessary for the Plaintiff’s use and profit-making (a lessee’s duty to repair), due to the defect existing in the area controlled and managed by the lessor in violation of this duty, that is, the fire occurred due to the electrical malfunction generated from the electric cable of the exchange wind, which was originally installed at the instant store, so the Defendant is liable to compensate the Plaintiff for damages (the value of the lost automobile products and the costs incurred by the Plaintiff to repair the instant store) arising from the nonperformance of the duty to repair under the instant lease agreement. (2) The Defendant did not have the instant store as a fireproof structure, and did not install a sprinkler at the instant store, and did not regularly conduct the safety inspection of the electric fire-fighting. Accordingly, the Plaintiff is liable for damages due to the tort under Article 758 of the Civil Act as the owner of the structure.
B. The Plaintiff leased the instant store to the Defendant and then consented by the Defendant or against the Defendant.