logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.11.14 2014나8302
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. From October 22, 201 to November 30, 2013, the Plaintiff’s summary of the Plaintiff’s assertion leased C apartment 301 and 803 in Yangju-si to the Defendant. Since the Defendant’s failure to properly manage the gas siren during the lease period, etc., causing a total of KRW 1.720,00 won by destroying the leased object, such as the details of damage indicated therein, the Defendant is obligated to pay the Plaintiff a compensation for restitution or tort under the lease agreement, with KRW 1720,00,000,000 and delay damages.

2. Determination

A. The lease agreement is based on the use of the leased object by the lessee and the payment of the rent in consideration thereof, and the occurrence of the damage and wear of the leased object is naturally scheduled in light of the nature of the contract, which is the lease.

For this reason, in the lease of a building, the reduction of the capital of invested capital in the ordinary damaged and worn-out caused by the lessee's ordinary use of the building is generally taking place by the lessor, including necessary expenses such as depreciation costs and repair costs, etc.

Therefore, it is reasonable to interpret that the special agreement should be clearly agreed to that effect, such as the lessee’s explanation by the end to the lessee, and the lessee is clearly aware of the purpose of the lease and the lessee’s contents of the agreement, where the scope of the damaged mother, which the lessee bears the repair cost, is specified in the lessee’s own provision of the lease agreement in order to restore the lessee, or where it is not clear in the lease agreement, in order to impose the duty of restoration on the lessee as such, because it imposes an unexpected special burden on the lessee.

(b).

arrow