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(영문) 서울중앙지방법원 2015.06.18 2012가단5064331

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. (1) A around May 201, the Defendant leased to A the leased premises of 363.64 square meters (hereinafter “instant leased premises”) out of the 1st floor underground of the Goyang-gu Seoul Metropolitan City B building (hereinafter “instant building”) owned by the Defendant.

A made a registration of beauty art business under the trade name of “C”, and operated a beauty art room with D as its president.

(2) Around August 30, 2011, the Plaintiff entered into an insurance contract with D as to the leased part of the instant case and its internal collection, movable property, facilities, etc. (hereinafter “instant insurance contract”).

B. (1) On October 26, 201, when a fire occurred, electric wires break out in the front corridor part of the elevator front corridor on the first floor underground of the instant building, in which the leased part of the instant building was located, and the fire was destroyed due to this, the leased part of the instant case, the interior equipment, movable property, facilities, etc. were destroyed.

(2) The instant electric wires were wires connecting air conditioners installed in the warehouse (including the section for common use in the leased part of the instant leased part) with the air conditioners installed in the air conditioners. At the time of 2000, the air conditioners were purchased and used by the lessee of the air conditioners, and thereafter, E, the lessee of the adjacent skin control unit, was used.

(3) Although there was a public facility for the entire heating and cooling on the instant building, the first underground floor, including the leased part of the instant case, operated independently air conditioners without using air conditioners, and accordingly, A and E separately paid electricity charges for air conditioners for air conditioners.

C. The Plaintiff paid KRW 42,942,367 to the Defendant, the owner of the instant building, on April 16, 2012, in relation to the instant insurance contract, paid KRW 50,00,000 on December 7, 201, and KRW 60,00,000 on February 10, 201.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6 evidence, Eul's 1, 3, 4, 8, 9 (including each number), each statement or image, and pleading.