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(영문) 서울중앙지방법원 2020.12.09 2020나23836
손해배상(기)
Text

Of the judgment of the court of first instance, the part against the plaintiff in relation to the defendant B, which orders payment.

Reasons

1. Basic facts

A. On August 16, 2018, the Plaintiff leased the Mapo-gu Seoul Metropolitan Government D Apartment E (hereinafter “instant apartment”) from Defendant B’s institution (hereinafter “Defendant Corporation”) for the lease deposit of KRW 14,550,000, and the lease term until August 31, 2020.

B. On October 22, 2018 or around October 23, 2018, the Plaintiff received contact from the management office that received leakage reports on the lower floor of the instant apartment, and left the management office with the key of the instant apartment.

C. The Defendant Corporation contracted to Defendant C (hereinafter “Defendant C”) the water leakage construction of the instant apartment (hereinafter “water leakage construction”) and Defendant C performed the instant water leakage construction from October 30, 2018 to November 18, 2018.

Defendant C did not notify the Plaintiff of the specific schedule or method of the water leakage construction in this case, and did not take measures to cover the Plaintiff’s plastic cover with the Plaintiff’s household cover, and did work, such as cutting off the floor board of the part suspected of water leakage, such as the kitchen and the kitchen, or hedging cement.

E. During the instant water leakage construction period, the Plaintiff provided meals to outside persons during the instant water leakage construction period, and was accommodated in the telecom on November 12, 2018 on the 13th day of the same month, 14th day, and 16th day of the same month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 9, and 10, Gap evidence No. 5-4, and Gap evidence No. 8-3, the purport of the whole pleadings

2. Claim against the defendant Corporation

A. Where a lessor performs an act necessary for the preservation of the leased object under a lease agreement for liability for damages, the lessee is obligated to accept such act (Article 624 of the Civil Act). According to the above recognition, the water leakage corporation of this case constitutes an act necessary for the preservation of the leased object.

A lessor is obligated to maintain the condition necessary for the use and profit-making of the object while the lease contract is in existence. Therefore, the lessee's use and profit-making is due to the act of preserving the object.

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