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1. The Defendant’s KRW 287,627,970 for the Plaintiff and 5% per annum from July 26, 2015 to June 9, 2017.
Reasons
1. Basic facts
A. During Ansan-si, the Plaintiff is the owner of a steel-frame factory building on the ground of 901-40 ground (hereinafter “instant building”). On July 15, 2010, the Plaintiff, on July 26, 2010, leased the instant building to the Defendant as the lease term from July 26, 2010 to July 25, 2015, the lease deposit amount of KRW 50 million, and the monthly rent of KRW 8 million (excluding value-added tax).
(hereinafter “instant lease agreement”). B.
On April 22, 2015, when cooking on the first floor of the instant building on April 14:13, 2015, the instant building was damaged, such as the occurrence of a fire and the occurrence of a part of the inside fire and the occurrence of a fire, etc.
(hereinafter referred to as the “instant fire”). [This case’s fire] The fact that there is no dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings.
2. The Defendant asserted that the instant building was a lessee of the instant building, and caused a fire due to neglecting the management of the instant building while occupying and using the instant building, and accordingly, the Defendant’s obligation to return the leased object was impossible.
Therefore, the Defendant is liable to compensate the Plaintiff for the damages incurred by the instant fire, namely, ① the cost of constructing the instant building after removal of KRW 392,340,00 or the cost of repairing KRW 270,027,970 after removal of the said building, ② the amount equivalent to the rent of KRW 17,60,000 (=8,800,000 for the last day of lease x two months x two months) and ③ the amount equivalent to the rent of KRW 52,80,000 for the period required for new construction after removal of the said building (=8,800,000 x six months x six months) or the amount equivalent to the rent of KRW 17,60,00 for the period required for new construction after removal (=8,800,000,000 for the rent of KRW 2 months) and damages for delay.
3. Determination
A. The lessee is obliged to perform his duty of care as a good manager with respect to the preservation of leased objects until the leased object is returned as well as the lease period.