logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2021.01.20 2020나51467
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and the appeal shall be 1.

Reasons

1. Facts of recognition;

A. On March 17, 2017, the Plaintiff leased KRW 7,000,000, monthly rent of KRW 360,000, and the lease period from April 25, 2017 to April 24, 2019, the Plaintiff leased the instant housing unit D (hereinafter referred to as the “instant housing”) owned by the Defendant to the Defendant, and received and resided in the instant housing.

B. The plaintiff was residing in

On February 13, 2018, there was a fung and fungico in the window, wall, fry, etc. of the instant housing.

(c)

The Plaintiff removed from the instant house before the termination of the lease term, and the lease contract between the Plaintiff and the Defendant was terminated on April 24, 2019 as the expiration of the lease term.

At KRW 7,00,000, the Defendant paid the Plaintiff KRW 6,066,320, after deducting KRW 720,000, urban gas cost, KRW 70,100, and electricity cost, KRW 143,580, which correspond to the portion of the monthly rent of 4 months, which was not paid by the Plaintiff, from KRW 7,00,000.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, and 7, Eul evidence No. 1, and Eul evidence No. 1

(hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. In the relevant legal doctrine of a lease agreement, the lessor is obligated to maintain the leased object and the conditions necessary for the use and profit-making during the contractual existence (Article 623 of the Civil Act). Therefore, if the leased object has been damaged or obstructed, the lessor is not obligated to repair if it is so small that the lessee can easily and easily repair the leased object without any separate expense, and it does not interfere with the lessee’s use and profit-making. However, if it is difficult for the lessee to use and profit-making according to the contractual purpose unless it is repaired, the lessor bears the duty of repair. This is not only in the case of damage to the leased object due to which he is liable, but also in the case of damage to it.

arrow