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(영문) 서울서부지방법원 2014.05.01 2012가합31901
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 14, 2012, the Plaintiff entered into a lease agreement with the Defendants on the lease deposit amounting to KRW 10 million, KRW 500,000,000 per month, and the lease term from March 21, 2012 to March 20, 2013, with respect to the entire underground floor of KRW 82.31 square meters (hereinafter “instant warehouse”) among the buildings listed in the attached list owned by the Defendants, and kept electronic parts, etc. sold by the Plaintiff in the instant warehouse.

B. On July 2, 2012, the Plaintiff discovered that some of the electronic parts loaded in the warehouse of this case was flooded, where water is cruel on the floor of the warehouse of this case, and water is damp on the outer wall and the inner wall, and some of the electronic parts loaded in the warehouse of this case.

【Ground of recognition】 The fact that there has been no dispute, Gap 2 through 4, 12, 13, and Eul 1 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Defendant’s electronic parts suffered flood damage due to the defect in the warehouse, outer wall, etc. of this case and the malfunction of pumps installed for drainage in the collection and alteration of the warehouse of this case. As such, the Defendant’s electronic parts suffered flood damage due to the failure of water to leak on the wall of the warehouse of this case and water.

Therefore, the Defendants, as the lessor of the instant warehouse, failed to perform his repair duty, are obligated to pay the Plaintiff the transfer cost of electronic parts, repair cost, damage cost to the electronic parts themselves, and the cost for concluding a lease agreement on a new warehouse, which is part of KRW 484,558,330, which is the sum of the expenses for concluding the lease agreement on a new warehouse, and the damages for delay.

B. (1) Determination is based on the following: (a) In a lease agreement, the lessor is obligated to maintain necessary conditions for the use and profit-making of the leased object while the lease agreement is in existence; and (b) thus, if the leased object is damaged or damaged, the lessee would be prevented from using the leased object or making profit-making according to the purpose determined by the contract unless it is repaired.

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