beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of the court of first instance cited this case is as follows, except for adding the judgment of the defendant as to the defendant's assertion as set forth in paragraph (2) below, and thus, it is consistent with the reasoning of the judgment of the court of first instance.
[In light of the evidence presented by the court of first instance, the fact-finding and the judgment of the court of first instance are deemed justifiable even if the evidence presented by the court was examined in this court] 2. The comparative negligence set-off system under the Civil Act as to the assertion of comparative negligence is intended to take into account the creditor's equivalent care in accordance with the principle of equity in cases where the creditor fails to exercise his/her duty of care required under the principle of good faith, and thus, the creditor's equivalent care in relation to the occurrence of damage was incurred or expanded due to such failure. Thus, even if the principle of simple negligence, if the damage was caused or expanded due to such failure, the victim may be deemed to be negligent and set-off. If the victim's negligence is acknowledged, the court shall take into account
(See Supreme Court Decision 96Da30113 delivered on October 25, 1996). Then, the plaintiff clearly expressed his intention of rejection of renewal two months prior to the expiration of the lease term of this case, and the plaintiff seems to have sufficient time to seek a new lessee even if the defendant complies with the law asserted by the defendant, and ② the statement in Eul evidence 7 interfered with the defendant's repair work for seeking a new lessee.
It is insufficient to recognize the fact that the defendant intentionally or delayed it, and there is no other evidence to acknowledge it, and ③ The defendant directly pays the plaintiff's new lessorF, the date of occupancy of the plaintiff, and the payment method of the lease deposit.