1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. From January 31, 2015 to January 31, 2016, the Plaintiff occupied and used part of the building B in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant building”) from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. The assertion and judgment

A. On January 26, 2016, the Plaintiff’s assertion was destroyed of the goods equivalent to KRW 1,562,400, such as the rental fee, which the Plaintiff loaded in the said store due to the water pipe wave of the instant building, and thus, the Defendant, a lessor, violated the duty to maintain the leased object in a state suitable for the use and profit-making.

The defendant shall compensate the plaintiff for damages caused by water leakage.

B. In a judgment lease agreement, a lessor assumes the duty to maintain the conditions necessary for the use of, and profit from, the leased object during the existence of the contract (Article 623 of the Civil Act). However, each description and image of evidence Nos. 2, 3, and 4 are insufficient to deem that the cause of leakage claimed by the Plaintiff is a breach of the duty of the Defendant’s lessor. There is no other evidence to acknowledge it, and it is difficult to readily conclude that the damage caused by leakage

3. The plaintiff's claim against the defendant should be dismissed as it is reasonable.

The decision of the first instance court is unfair in conclusion, and thus, it is revoked by accepting the defendant's appeal and dismissed the plaintiff's claim.