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1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
Reasons
1. Basic facts
A. On July 14, 2017, the Plaintiff leased the second floor D heading of the housing located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant housing”) from the Defendant for the period of 220,000,000 deposit and September 27, 2019.
B. On January 1, 2018, there was a problem in the discharge of toilets water of the instant housing, and the Plaintiff spent KRW 70,000 as the price for the removal of urinals and sewage pipes around January 30, 2018, and KRW 1,200,00 as the cost for the discharge of sewage around February 1, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 7, 15, and 16, the purport of the whole video and pleading
2. Determination on the cause of the claim
A. The Plaintiff’s defect in the instant house, which is the leased object of the Plaintiff’s assertion, led to a situation in which the toilet water flows down or dices. Accordingly, the Plaintiff suffered damages as set forth below, and thus, the Defendant, a lessor, is liable to compensate the Plaintiff for the total amount of KRW 6,00,000,000 as follows.
① Damage equivalent to KRW 500,00,000, suffered due to the Plaintiff’s spouse’s failure to work at the workplace with water that the Plaintiff’s spouse flows at work. ② Damage equivalent to KRW 1,000,000, which the Plaintiff suffered due to the Plaintiff’s failure to work at the workplace. ④ The damaged shared water amounting to KRW 500,000,000. ④ The damaged general interest payment and other 500,000,000, in aggregate of expenses for director and brokerage commission of the Plaintiff’s 2,00,000,000.
B. According to the above facts of determination, defects, such as the discharge of water in the instant house, have occurred, and this is in violation of the duty of the lessor to maintain the leased object in the state necessary for the use and profit-making. Thus, the Defendant is liable to compensate the Plaintiff for damages arising therefrom.
The amount of damages that the Defendant should pay to the Defendant is the health expenses, and the property damages claimed by the Plaintiff.
It is difficult to view that there exists a causal relationship with the defect in the instant house.