logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.10.28 2015가단33965
손해배상(기)
Text

1. The Defendant’s KRW 11,600,000 as well as 5% per annum from September 1, 2013 to October 28, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. From November 201, the Plaintiff leased and resided in the building indicated in the separate sheet from the Defendant (hereinafter “instant apartment”) from November 201.

B. From August 2012, while the Plaintiff resided in the instant apartment, there was a water leakage phenomenon in which rainwater flows into the living room, main river, etc. (hereinafter “water leakage in this case”) due to defects in the instant apartment from August 2012.

C. On September 25, 2012, the Plaintiff requested the Defendant to repair the instant water leakage, and accordingly, requested the Defendant to implement the prompt repair works and compensate for damage on March 11, 2013. On July 16, 2013 and July 26, 2013, the Plaintiff appealed from the instant water leakage and demanded the Defendant to compensate for damage.

Around August 2013, the Defendant completed the repair work for the water leakage of this case.

E. From August 2012 to August 2013, the Plaintiff was hindered in using the instant apartment for its original purpose for a considerable period of time due to the leakage of the instant apartment from August 2012 to August 2013.

[Ground of recognition] Evidence Nos. 1 through 6, Evidence Nos. 8 through 18 (including each branch number), Evidence No. 19-1, Evidence No. 39, Evidence No. 1, Evidence No. 3, Evidence No. 3, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion was neglected to maintain and repair the condition necessary for the use and profit-making of the apartment of this case as a lessor during the term of a lease agreement. The plaintiff suffered serious damage while living in the apartment of this case for about one year, due to the defendant's nonperformance of the repair obligation.

Therefore, the Defendant is obligated to pay to the Plaintiff a total of KRW 147,074,483 (=property damage KRW 97,074,483) and damages for delay.

B. (1) In case of a lease, a lessor shall be liable for damages due to a default.

arrow