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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The court's explanation on this part of the facts of recognition is identical to the corresponding part of the reasoning of the judgment of the first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the
2. Occurrence of liability for damages;
A. 1) The plaintiff's assertion 1) lent the freezing of this case to the plaintiff under the supply contract of this case, and the fire of this case occurred due to the freezing of this case. The defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the fire of this case. 2) The defendant is merely merely lent the freezing of this case to the plaintiff at the plaintiff's request, and the defendant is liable for the fire of this case to G which manufactured the freezing of this case or to H which is the entrusting company managing the freezing of this case. Thus, the defendant's claim against the defendant is without merit.
B. In full view of the above facts and the purport of the entire argument, although the plaintiff was supplied with the freezing of this case by the defendant and did not pay direct consideration to it, the freezing of this case was supplied by the plaintiff to keep it in custody after being supplied with alcoholic beverages pursuant to the supply contract of this case, and the plaintiff is obliged to use the freezing of this case only for the period during which alcoholic beverages are supplied by the defendant, and return it upon the termination of the supply contract of this case. In light of this point, it is reasonable to view that the defendant lent the frozen of this case to the defendant for the proceeds of supplying alcoholic beverages to the plaintiff in accordance with the supply contract of this case. Thus, it is concluded that the lease contract of this case concerning the freezing of this case was entered into in accordance with the supply contract of this case.
The defendant, who is a lessor, is obligated to maintain the conditions necessary for the use and profit during the term of a lease agreement (Article 623 of the Civil Act), and the fire that occurred during the term of a lease agreement, is the lessor.