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(영문) 제주지방법원 2017.06.23 2016가단12860
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. On October 10, 2015, the Plaintiff entered into a lease agreement between the Defendant and Jeju-si Building A 201 (hereinafter “instant building”) with respect to KRW 500,000,000 per annum, annual rent of KRW 600,000, annual rent of KRW 600,000, and the contract term until September 29, 2018 (hereinafter “instant lease agreement”).

B. On September 30, 2015, the Plaintiff paid each of the Defendant KRW 6 million and KRW 500,000,000 to October 10, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the plaintiff's assertion to the purport of the whole argument as to the purport of the whole argument, the building of this case, where the electricity line was cut, took water out from the tap, and water leakage from the upper floor was generated in a month after the occupancy, and the plaintiff was hospitalized in the hospital due to pulmonal difficulty.

Although the Defendant, as a lessor, violated the obligation to notify the Plaintiff that the instant building is in need of repair as above, the Defendant breached the obligation to normally use and profit from the instant building during the term of lease.

As such, the Defendant’s unlawful act causes damages equivalent to KRW 10,00,00,00 in total, including KRW 40,000,000 in water supply cost replaced by a mechanical failure in the instant building, KRW 226,60 in medical expenses incurred in diagnosis of chronic closed diseases, and KRW 226,60 in treatment expenses incurred in diagnosis of chronic closed diseases, as well as KRW 2,161,936 in daily profit during the period of hospitalization and outpatient treatment, KRW 1,571,400 in total, and KRW 10,00,00 in total, for the treatment of the pertinent disease, the Defendant is obligated to pay the above amount to the Plaintiff.

Judgment

A. First of all, according to the statement of health section A and No. 3 (including the branch number) on whether the Defendant breached the duty of disclosure, Fungi in the inside of the instant building can be recognized, but the above facts alone, the building in this case was fung to the extent that it is impossible to reside at the time of the instant lease agreement.

The defendant is either the defendant or the defendant.

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