1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

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

1. The Plaintiff is a company that manages the “E building” building with three floors above ground and one story underground located in Gangnam-gu Seoul Special Metropolitan City D, and the Defendant used the office of the first floor of the above building as the former manager of the above building (hereinafter “instant office”).

On March 2017, the Defendant rejected the Plaintiff’s request for delivery of the office by locking the entrance door of the instant office that was kept by the Defendant’s goods after being dismissed from the custodian.

On February 3, 2018, as the water management was removed by the Defendant’s installation in the instant office on February 3, 2018, there was an accident that damages the ceiling, walls, and fixtures of the said store by flowing a large amount of water into the store of the underground floor of the said building.

(hereinafter “instant accident”). The Plaintiff continues to exist during the instant appellate trial from February 21, 2019 to the same year.

6. By October, 100, a total of 15,180,000 won was remitted to FF, etc., over twelve occasions.

[Grounds for Recognition: Records and images of Gap 2 through 5, 11 through 17, Eul 1 through 13, and 20 (including paper numbers), and the purport of the whole pleadings]

2. Assertion and determination

A. The Plaintiff’s assertion that the instant accident occurred due to the Defendant’s erroneous dismissal of the water manager of the instant office, and the new lessee of the said underground floor shop had the said lessee carry out interior works around April 2018, and paid KRW 15,180,000 to the said lessee with the settlement amount for the damaged portion of the instant accident. Furthermore, the Plaintiff suffered damages, such as exempting the Plaintiff from the rent of KRW 2,500,000 for the said interior construction period. Therefore, the Defendant asserts that the Plaintiff should pay KRW 18,40,000 as compensation for damages.

B. (1) First, as to whether the Defendant is liable for damages arising from the instant accident, the following circumstances are acknowledged by the health team, the above recognition fact, and the evidence as above. In other words, the Defendant refused to deliver the instant office and prevented the Defendant from having access to the manager by leaving the Defendant’s remaining property.