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(영문) 대전지방법원천안지원 2017.06.13 2016가단112804
손해배상(기)
Text

1. The Defendant’s KRW 12,782,00 for the Plaintiff and KRW 5% per annum from November 18, 2016 to June 13, 2017.

Reasons

1. Basic facts

A. On March 6, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 1,300,000, and the term of lease from March 26, 2016 to March 25, 2017 (hereinafter “instant lease agreement”).

B. The Plaintiff paid the Defendant the lease deposit and monthly rent, and operated a childcare center upon delivery of the instant building from March 26, 2016.

C. However, at the beginning of August 2016, sewage districts of the instant building were scattered, and child-care centers were flooded as a whole.

The plaintiff spreads water that was flooded in the building of this case due to the flood, and removed the floor to walk all the strings, and re-constructions after the strings and furnitures straw up, and the strings and furnitures strings and fungs strings and gungs strings were replaced.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6 (including a tentative number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. Article 623 of the Civil Act provides that a lessor is obligated to deliver an object to a lessee and to maintain conditions necessary for the use and profit-making during the term of the contract. If an object of the lease is damaged or obstructed, then the lessor is not obligated to repair if it is so small that the lessee can easily and easily use the object without any particular expenses, and it does not interfere with the lessee’s use and profit-making. However, if it is not repaired, the lessor is not obligated to repair. If it becomes difficult for the lessee to use and profit-making for the purpose determined by the contract, then the lessor bears the duty of repair.

(see, e.g., Supreme Court Decision 2010Da89876, 89883, Jun. 14, 2012). The foregoing legal doctrine is applicable.

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