(영문) 서울중앙지방법원 2018.07.06 2016가단5171206

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(영문) 서울중앙지방법원 2018.07.06 2016가단5171206

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. On May 17, 2014, the Plaintiff entered into a contract with C and Mapo-gu Seoul Metropolitan Government D (Ground 1 floor) (hereinafter “instant leased object”) to acquire the entire facilities, fixtures, and goodwill of the Plaintiff (hereinafter “instant leased object”) with KRW 80 million in price, and paid the price in full.

B. On the other hand, the Plaintiff entered into a lease contract with the Defendant with respect to the leased object of the instant case (hereinafter “instant lease contract”) with the term of KRW 150 million, monthly rent of KRW 9 million (excluding value-added tax), monthly management expenses of KRW 500,00 (excluding value-added tax), and period from June 1, 2014 to May 31, 2019, and paid all the lease deposit to the Defendant.

C. On June 2015, water leakage occurred in the ceiling of the leased object of this case, and on July 2015, water leakage occurred in the septic tank at the lower patrolman’s convenience.

On July 27, 2015, the defendant performed the drainage work and repair work of septic tanks.

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

2. The parties' assertion

A. Plaintiff (1) The Defendant, a lessor, was obligated to use the leased object and to maintain the conditions necessary for profit therefrom, but failed to perform it properly (liability of nonperformance) or (2) due to defects in the installation or preservation of the leased object of this case (liability of tort), and on the other hand, due to the occurrence of water leakage in the ceiling and purification of the leased object of this case, and the occurrence of malodor caused by the inflow of garbage.

Due to the Defendant’s nonperformance or tort, it was impossible for the Plaintiff to use and make profits from the lease on the leased object of this case due to the Plaintiff’s nonperformance or tort, and the Plaintiff discontinued its business from the leased object of this case on August 20, 2015 and terminated the instant lease contract on February 3, 2016.

Therefore, after August 1, 2015, the Plaintiff is the Defendant.

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