1. All appeals filed by the defendant (appointed party) and the appointed party C are dismissed;

2. The costs of appeal are assessed against the defendant (appointed party) and the defendant.

1. Basic facts

A. On October 7, 2015, the Plaintiff concluded a lease agreement (hereinafter “instant agreement”) with the Defendants setting the deposit amount of KRW 20,000,000, monthly rent of KRW 2,000,000, and the term of lease from October 7, 2015 to October 6, 2017.

B. The Plaintiff operated a parking lot business using mechanical parking facilities located in the leased object (hereinafter “instant parking facilities”).

C. On November 2015, the Plaintiff, who was unable to operate the instant parking facility from around November 2015, repaired the instant parking facility by taking into account KRW 13,500,000 (Additional Tax Map) around February 2, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) was old in 25 years since the parking facility of this case was installed, and the Defendants, a lessor, have a duty to repair and use the parking facility of this case, which is the object of lease, and maintain it in the state necessary for the use and profit-making. Since the Defendants failed to perform this, they repair the parking facility of this case in lieu of the Plaintiff, the Defendants are jointly and severally liable to pay KRW 13,50,000 to the Plaintiff for the repair cost of the parking facility of this case. Furthermore, the Defendants imposed a cleaning cost corresponding to the period from June 2016 to September 2017, and paid KRW 2,021,168 to the Plaintiff. The Defendants paid KRW 2,021,168 to the Defendants. Since the aforementioned cleaning cost was not imposed on the Plaintiff, the Defendants are obligated to return the foregoing unjust enrichment to the Plaintiff.

B. In determining the claim for repair costs of parking facilities of this case, the lessor is obligated to maintain the conditions necessary for the use and profit-making during the contract being in existence. Therefore, where the object has been damaged or hindered.