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(영문) 수원지방법원성남지원 2020.12.09 2019가단228833
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 18, 2017, the Defendant leased the instant officetel D (hereinafter referred to as the “instant officetel”) from the Plaintiff as of March 17, 2017 by setting the deposit amounting to KRW 10 million, monthly renting KRW 800,000, and the lease period as of March 17, 2018.

B. On January 25, 2018, around 18:00, the instant officetel was destroyed by the boiler (FCU; hereinafter “instant boiler”) that was in the ceiling of the instant officetel, and the instant officetel was flooded (hereinafter “the instant flooding accident”).

C. On March 18, 2018, the Plaintiff and the Defendant agreed to deduct KRW 2,635,00 from the deposit the amount of KRW 50% of the rent in arrears 2.4 million in the deposit deposit, the replacement cost of the boiler in this case, and the expected repair cost in the instant officetel and E, etc., the details of the instant officetel and E were re-conced by the court ruling.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 11, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff 1's assertion is the owner of the instant officetel and the lessor, who is the tenant, are obligated to maintain and manage the leased object so that the plaintiff could not interfere with the use and profit-making of the leased object. However, the plaintiff's allegation that the plaintiff violated the above-mentioned boiler by neglecting it and caused damage to the plaintiff due to the flood accident of this case. Thus, the plaintiff is liable to compensate the plaintiff for the damage caused by the non-performance

In relation to the scope of liability for damages, the Plaintiff was unable to properly use the instant officetels after the flood-related accident, as it was 69,802,430 won, expenses incurred in installing a new boiler, expenses incurred in repairing 1,450,000 won for the interior, and expenses incurred in compensating other occupants for the flood-related accident of this case, and the instant officetels for two months.

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