The scope of car addiction accidents caused by the rupture of the floor and the lessor's repair obligation;

The cracks (the form of gold at the center of the room that the Defendant leased to the victim) cannot be said to be a damaged condition to the extent that the said room cannot be used. It cannot be deemed to be a large scale of the lessor’s obligation to repair. As such, it belongs to the lessee’s ordinary repair and right and duty, there is no negligence on the lessor in the event of a gas poisoning incident due to the rupture.

Article 267 of the Criminal Act, Article 623 of the Civil Act

Supreme Court Decision 77Do3465 Decided January 24, 1978

Defendant

Prosecutor

Gwangju High Court Decision 83No57 decided May 27, 1983

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

According to the reasoning of the judgment of the court below and the judgment of the court of first instance maintained by the court below, the cracks on the floor of the above room that the defendant leased to the victim cannot be deemed as being damaged to the extent that it is impossible to use the above room, which is the object of lease, and it cannot be deemed as a large scale of the obligation to repair the defendant, and this accident is recognized as belonging to the lessee's ordinary repair and management obligation, and this accident occurred due to neglecting this obligation, and thus, the facts charged against the defendant are not a crime or there is no evidence to prove the facts charged. It is just in comparison with the records of the evidence cooking process conducted by the court below, and there is no reason to argue that there is no error in the misapprehension of the rules of evidence, or there is no error in the misapprehension of the legal principles

Therefore, the appeal by the prosecutor is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jong-soo (Presiding Justice)