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(영문) 울산지방법원 2018.02.27 2017가단63872
임대인의 의무
Text

1. The Defendant’s KRW 300,000 and the Plaintiff’s 5% per annum from February 6, 2018 to February 27, 2018, and the next day.

Reasons

In the lease contract, the lessor is obligated to maintain the conditions necessary for use and profit-making of the leased object while the lease contract is in existence (Article 623 of the Civil Act). Therefore, in the event of damage or impairment to the leased object, the lessor is not obligated to repair if it is so small that the lessee can easily and easily use and profit-making of the leased object without any separate costs, and if it is not likely to interfere with the lessee’s use and profit-making, the lessor is not obligated. However, if it is not repaired to the extent that the lessee can not use and profit-making the leased object according to the purpose determined by the contract

The same applies to damage not only to the subject matter of lease which is attributable to himself/herself but also to damage that is not attributable to himself/herself (see, e.g., Supreme Court Decision 2009Da96984, Apr. 29, 2010). In this case, according to each of the items of subparagraphs 1 through 9 and the purport of the pleading prior to the pleading, it is recognized that the Defendant did not repair the subject matter despite having been damaged due to fung in the inner wall of 303 multi-family house in Ulsan-dong, Ulsan-gu, the Plaintiff leased from the Defendant.

According to the above facts of recognition, the defendant is liable to compensate the plaintiff for damages caused by the above defects.

I would like to say.

In addition, according to Article 202-2 of the Civil Procedure Act, if it is found that the damage was actually caused, but it is extremely difficult to prove the specific amount of damage due to the nature of the case, the court may determine a reasonable amount as damages by taking into account all the circumstances recognized by the purport of the entire pleadings and the result of examination of evidence. The plaintiff is seeking 700,000 won with remuneration costs, other measures costs, etc., and the defendant is 250,000 won with the cost of taking measures, such as myco removal.

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