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(영문) 서울동부지방법원 2019.07.18 2018가단14107

손해배상(기)등

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1. The Defendant’s KRW 3,392,640 as well as 5% per annum from April 9, 2019 to July 18, 2019 to the Plaintiff.

Reasons

1. From December 9, 2016 to July 2, 2018, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 20 million, monthly rent of KRW 800,000,000, and the period of December 9, 2018. The Plaintiff resided in the instant real estate from around that time to July 2, 2018.

B. On July 10, 2017, the Plaintiff, who was residing in the Dong-dong company of this case, confirmed the occurrence of water leakage in the ceiling, affixed a tent photograph and requested repair, and sent it to the Defendant. The Defendant confirmed it and did not take any particular measure but neglected for one year.

C. After that, around July 1, 2018, there was an accident in which water that had been raised in the flood control port of the instant real estate inside the instant real estate located (hereinafter “instant accident”). D.

Therefore, the plaintiff contacted the defendant, but it does not contact with the defendant, and it was found that the leakage detection business operator of Dongine was 80,000 won in the cost, and the rooftop drainage becomes a leakage.

E. On July 2, 2018, the Plaintiff sent to the Defendant a document evidencing that the lease contract is terminated and that compensation for damage caused by water leakage would be reached. After that, the Defendant paid KRW 19,120,000 to the Plaintiff after deducting the rent and public charges sealed from the lease deposit from the lease deposit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of whole pleadings

2. In a lease agreement where liability for damages arises, the lessor is obligated to maintain conditions necessary for the use and profit-making of the object while the lease is in existence. Therefore, in a case where damage or impairment occurs to the object, the lessor is not obliged to repair the object unless it is so small that the lessee can easily and easily repair the object without any separate cost, and it is not sufficient to interfere with the lessee’s use and profit-making.