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(영문) 서울북부지방법원 2019.11.06 2019나31533
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiffs KRW 1,158,00 for each of them.

Reasons

1. Basic facts

A. On December 28, 201, Plaintiff A entered into a lease agreement with the Defendant to lease the Seongbuk-gu Seoul Metropolitan Government D branch (hereinafter “instant branch house”) with the lease deposit of KRW 60,000,000, monthly rent of KRW 95,000, and the lease term from January 11, 2012 to January 10, 2014 (hereinafter “instant lease agreement”). The instant lease agreement was renewed as of January 15, 2014 with the lease term of KRW 95,470 from January 11, 2014 to January 10, 2016.

B. After the conclusion of the instant lease agreement, Plaintiff A and his mother-friendly Plaintiff B lived together in the instant branch house, and the Defendant resided in the upper floor of the instant branch house.

C. On March 28, 2015, around 15:00, pipes pipes installed in the tent of the instant land-to-land were installed, and garbage flows out through the ceiling and walls (hereinafter “instant water”). Damage caused by water leakage in the instant case was not restored until May 20, 2015, the Plaintiffs out of the instant land-to-land housing.

The Plaintiffs disposed of significant parts of furnitures and household appliances, such as the decoration, book, and book, which were used by the instant water leakage, and paid KRW 960,000 for the purchase cost of household appliances, including the cooling house, etc.

[Ground of recognition] Facts without dispute, Gap's statements and images (which include each number; hereinafter the same shall apply) of Gap's evidence 1 through 6, 9 through 14, 16, 17, and the purport of the whole pleadings

2. Although the Defendant alleged by the Plaintiffs, as a lessor, bears a duty to maintain necessary conditions for the use and profit-making of the instant multi-story housing which is the object of the Plaintiffs, the Defendant did not use the instant multi-story housing from March 28, 2015 when the instant water leakage occurred to May 20, 2015 when the Plaintiffs were appointed from March 28, 2015, and incurred damages, such as having the Plaintiffs dispose of their households, household appliances, and household appliances. Therefore, the Plaintiffs suffered damages.

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