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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Grounds for the court's explanation concerning this case, which is the citing the judgment of the court of first instance, are grounds for the judgment of the court of first instance;
A. (1) Except for the addition of the following in paragraph (a) of Article 420 of the Civil Procedure Act, the following is identical to the grounds for the judgment of the first instance, thereby citing the same as it is, in accordance with
2. In cases where a fire is destroyed due to a defect existing in the area controlled and managed by a lessor, such as electrical ship, which forms a part of the building structure, where a fire is presumed to have occurred while a house, other building, or a part of a building, or the lessee of a building, takes over the object from a lessor and takes possession of the object and takes advantage of it, the repair and removal of the defect belongs to the lessor’s duty to maintain the state necessary for the use and profit-making of the leased object. Thus, the lessee cannot be held liable for damages concerning the nonperformance, etc. of the duty to return the object due to the fire.
(See Supreme Court Decision 2009Da13170 Decided May 28, 2009, etc.). As a result of the commission of the delivery of each document to the Busan Busan District District Court and the head of Busan District Police Station, it is not sufficient to recognize that the fire in this case was caused in the area controlled and managed by the lessor, and there is no other evidence to prove otherwise.
Therefore, Defendant A cannot be exempted from liability to compensate for damages due to nonperformance of the store of this case against the lessor D.
3. In conclusion, the plaintiff's claim of this case is justified within the above scope of recognition, and the judgment of the court of first instance is just in conclusion, and all appeals by the defendants are dismissed. It is so decided as per Disposition.