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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On December 13, 2010, the Plaintiff leased from the Defendant the underground floor of the building located in Seocho-gu Seoul Metropolitan Government (hereinafter “instant office”) of KRW 5 million, monthly rent of KRW 400,000,000, and the lease period from December 26, 201 to December 26, 201. The Plaintiff extended the rent from December 27, 201 to KRW 450,000,000 and renewed the said lease contract and used the instant office as the Korean classical teaching room.
B. On December 28, 2012, around 17:30, the instant office was flooded and water leveled to 10-15 cm on the floor. As a result, the occurrence of an accident of milling the water into the water (hereinafter “the instant flood accident”).
[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, 4, 9, 10, 13 evidence, Eul evidence 2 (including each number), the testimony of witness D of the first instance court, the result of the video verification conducted by the court of first instance, the purport of the whole pleadings
2. In cases of a lease contract for liability for damages, the lessor is obligated to maintain conditions necessary for use and profit-making of the leased object while the lease is in existence;
(Article 623 of the Civil Act). Thus, if the object is damaged or damaged, and if it is not repaired, the lessee would be prevented from taking advantage of and taking advantage of the object according to the purpose as determined by the contract, the lessor shall bear the duty of repair.
Such duty of repair of a lessor is recognized to the extent necessary to allow the lessee to use and benefit from the leased object in accordance with the purpose of the lease, barring any special circumstance. Whether it constitutes an obstruction of use and benefit which may cause the lessor to repair the leased object is easy to repair, depending on the type and use of the object, the scale and degree of damage or impairment of the object, and the degree of impact on the lessee’s use and benefit from the object.