손해배상(기)
1. The Defendant’s KRW 52,39,987 as well as the Plaintiff’s 5% per annum from April 11, 2017 to November 13, 2018.
1. Basic facts
A. The Plaintiff is the owner of a 63.36 square meters (the part of “A” among the location maps below; hereinafter “instant warehouse”) and a 1 198 square meters of a vinyl house (the part of “B” among the location maps below; hereinafter “the instant vinyl”) installed in Sungnam-si, Sungnam-si, the Plaintiff is the owner of the instant vinyl.
B. The Defendant concluded a lease agreement with the Plaintiff on September 2, 2015 with respect to the 20 square meters (hereinafter “the instant leased portion”) from among the instant vinyls, with respect to the lease agreement between the Plaintiff and the Plaintiff as between the deposit amount of KRW 5,000,000, monthly rent of KRW 200,000, and the lease period of KRW 200,000 from September 2, 2015 to September 2, 2016, and the deposit of KRW 5,00,000, monthly rent of KRW 300,000, monthly rent of KRW 300,000, and the lease period of KRW 1, 2016 to October 31, 2017 (hereinafter “instant lease agreement”), and used it as a warehouse.
C. While the Defendant used the leased part of this case, the Plaintiff extended the vinyl between the warehouse of this case and the leased part of this case (hereinafter “B” and “the instant extension part”), and the Defendant used the said space to enter the leased part of this case.
On April 11, 2017, at the instant vinyl around 19:37, fire (hereinafter referred to as “instant fire”) occurred in the instant vinyl, and the flames have been expanded to neighboring areas.
(Specifically, the point of combustion shall be seen later in detail). Accordingly, the greenhouse of this case owned by the Plaintiff was boomed, and the warehouse of this case was destroyed by fire, and the nearby greenhouse was also boomed or destroyed by fire.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion 1 lies within the leased part of the instant fire, and accordingly, the leased part of the instant fire was destroyed, and thus, the leased object against the Plaintiff.