(영문) 부산지방법원 2019.05.09 2017가단336539

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(영문) 부산지방법원 2019.05.09 2017가단336539

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The building located in Busan Seo-gu D (hereinafter “instant building”) was originally owned by the Intervenor joining the Defendant, and the ownership transfer registration was completed on August 16, 2017 due to trading around that time.

B. Around July 2016, the Plaintiff entered into a real estate lease agreement (the term of existence: from July 10, 2016 to July 9, 2021) with the content of leasing all the first floor and underground floors of the instant building from the said Intervenor, and entered into a real estate lease agreement with the Defendant on September 22, 2017, which entered into between the Defendant and the Defendant, after the registration of ownership transfer, the Plaintiff entered into the said lease agreement (hereinafter “instant lease agreement”) with the content of leasing all the first floor and underground floors of the instant building from the Defendant as KRW 140,00,000,000, monthly rent of six million (excluding value-added tax).

C. On April 201, the Plaintiff registered a business with the trade name “E” as a policeman, and operated a wholesale and retail store for clothing, such as sports, at the same place.

The Plaintiff kept sports and other clothing on the underground floor among the leased objects, but around September 12, 2017, when rainwater on the rooftop flows into the underground floor, and products such as clothes stored on the underground floor of the Plaintiff as goods were flooded.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 4, the purport of the whole pleadings

2. Summary of claims, etc. and determination thereof

A. The summary of the claim, etc. and the defendant in the lease contract of this case (Article 8) provide that "the lessee is fully responsible for product management in order to prevent damage caused by water leakage in the future, and the lessor does not make efforts to prevent water leakage from occurring in the future lease area." Despite the above duty of care, the defendant suffered damage to the plaintiff due to the inundation of clothing due to erroneous or negligent management of the building, etc.

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