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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following amount ordered to be paid.
Reasons
1. The reason why the court stated this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, it shall be cited in the summary under the main sentence of Article 420 of the Civil Procedure Act.
2. The reasons why the court, which caused the Plaintiff’s composition, stated this part of the claim, are the same as the part on “2. Plaintiff’s assertion” in the judgment of the court of first instance, and thus, this part is quoted by the main text of
3. Determination
A. 1) In case of a lease agreement, the lessor is obligated to maintain the condition necessary for the use and profit-making of the leased object while the lease agreement is in existence. Thus, in case where the leased object is damaged or obstructed, the lessor is not obligated to repair if it is so small that the lessee can easily and easily use the leased object without additional costs, and it does not interfere with the lessee’s use and profit-making. However, in the event that it is not repaired, the lessor is not obligated to repair. However, if it becomes difficult for the lessee to use and profit-making pursuant to the purpose determined by the contract, the lessor is obligated to repair the leased object.
(see, e.g., Supreme Court Decisions 94Da34692, 34708, Dec. 9, 1994; 2010Da89876, Jun. 14, 2012). In cases where a lessor fails to perform such repair obligation, he/she is liable for damages arising from nonperformance.
B) (1) In full view of the following facts and circumstances admitted as above, comprehensively taking into account the basic facts cited above, Gap evidence Nos. 2 through 9, 12, 14 through 30, 32, 34, 35, Eul evidence Nos. 9, and Eul evidence Nos. 9, as well as the overall purport of the pleadings, the duty to maintain the conditions necessary for the use of and profit from the store of this case during the period of the lease contract (the duty to repair was not fulfilled) by the lessor as to the store of this case.
(1) The water leakage of sewage due to the breakdown of the purification tank for the first floor of a building in this case.