1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. Although the Plaintiff had a duty to preserve the gas station of this case with the care of a good manager until returning the gas station to the Plaintiff, the Defendant sold petroleum products below the quality standards or sold light oil as fuel for the trucking vehicle, thereby violating the duty of due care of a good manager as a lessee upon receiving a disposition suspending the business from the Pocheon Market.

In addition, the Defendant committed an illegal act such as receiving a disposition of business suspension for 45 days by violating the Petroleum Business Act as above.

The plaintiff suffered losses due to the defendant's default or tort, and it is difficult to calculate the value decline in an objective method, such as market price appraisal, due to the removal of the gas station of this case at present, due to the removal of the gas station of this case. Thus, the defendant must pay 92,013,590 won as consolation money in lieu of property damage to the plaintiff.

B. The defendant's employee of the gas station operated by the defendant was found to be aware of laws and regulations and to have sold the oil at the request of cargo vehicle articles, and the defendant did not violate the lessee's obligations under the instant lease agreement with the plaintiff, and such an act does not constitute tort liability against the plaintiff.

3. Determination

A. The lessee is obliged to preserve the leased object with the care of a good manager until the leased object is returned to the lessor (Article 374 of the Civil Act). The term “maintenance” refers to protecting the leased object from natural or artificial destruction or damage and maintaining its value.