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1. Defendant B’s KRW 49,117,174 as well as 6% per annum from April 19, 2017 to May 17, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On November 2015, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with Defendant B and C, setting the lease deposit amount of KRW 20,000,000 per month, KRW 2,50,000 per month, and the lease term of KRW 24 months from November 1, 2015.
B. From December 2011, Defendant C, while running the business at the instant store, decided to transfer the Plaintiff’s status of KRW 47,000,000 as a lessee with respect to the instant store to the Plaintiff around October 29, 2015.
The Plaintiff paid KRW 44,00,000 to Defendant C, and operated an entertainment tavern at the instant store.
C. A large number of rains entered the instant store around July 2, 2016, and 200, and 3 fire officers belonging to the Syun Fire Station (hereinafter referred to as “the instant water leakage”) and 3 fire officers assigned to the Syun Fire Station used pumps.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, each video of Gap evidence No. 4 (including paper numbers), the inquiry and reply of the fact-finding report by this court, the purport of the whole pleadings
2. Determination
A. The Plaintiff, as to Defendant B’s liability for damages, asserted that Defendant B did not repair the instant store with knowledge that the number of water leakages could not be available to the instant store, and that Defendant B did not perform its repair duty because it did not repair the instant store even after the instant water leakage occurred.
First, the scope of Defendant B’s repair obligation is examined.
Article 623 of the Civil Act provides, “The lessor is obligated to deliver the object to the lessee and to maintain the conditions necessary for the use and taking profits of the leased object during the duration of the contract.”
Where an object has been damaged or hindered, if it is not repaired, the lessee shall be prevented from taking advantage of and making profits from such object according to the purpose determined by the contract.