숙박계약과 원인미상 화재로 발생한 손해의 귀속문제 - 숙박 공유를 중심으로(대법원 2023. 11. 2. 선고 2023다244895 판결)

Problems with the attribution of damages caused by accommodation contracts and fires of unknown cause

In the case of accommodation contracts, there are similar circumstances to lease contracts, but it includes a number of factors different from ordinary lease contracts, so the scope and application of the lease-related laws to accommodation contracts should be determined individually in consideration of their specificity. In other words, the Supreme Court judges that the distribution of the burden of proof can be different even if the accommodation contract is similar to the lease contract, as there is a difference in the nature of the contract as to which of the parties to the general lease has “control of risk”. If so, it is necessary to examine whether the above discussion can be applied to accommodation sharing in the sharing economy. Although accommodation sharing advocates a sharing economy, in reality, it raises various social and legal problems as there are many similar aspects of business with existing operators such as lodging companies. Therefore, it is necessary to review the legal nature of the contract between the host and the user of accommodation sharing and to proceed to solving legal problems arising between the host and the user. There are views on the legal nature of contracts between hosts and users in accommodation sharing as lease contracts, which are typical contracts under civil law, as accommodation contracts concluded by public hospitality providers, and as lease-like contracts for temporary use. Considering the intention to sign a contract between hosts and users, who are parties to the contract, the fact that they set up relatively short-term use and proceed to the contract, and the difficulty of interpreting it as a typical contract, a lease contract, or an accommodation contract, it is reasonable to define it as similar to a lease contract for temporary use.