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(영문) 창원지방법원통영지원 2015.02.03 2014가단405

손해배상(기)

Text

1. The Defendant: (a) KRW 10,547,00 for Plaintiff A; (b) KRW 12,350,000 for Plaintiff B; and (c) for each said money, from May 3, 2013 to May 2015.

Reasons

1. Indication of claim;

A. Plaintiff A is the owner of the 2nd floor D 67 (hereinafter “instant building”); Plaintiff B was the mother of Plaintiff A and was residing in the instant building.

B. However, around 00:00 on May 3, 2013, the Defendant turned on the candlelight on the foundation, and opened out without properly extinguishing the candlelight. On the same day, the fire remaining in the candlelight around 01:00 on the same day, and the building was spreaded to the building of this case adjacent thereto.

C. Accordingly, the instant building was destroyed by a total of KRW 10,547,000,000 for repair costs, and the value of the instant building was destroyed by an electronic equipment, furniture, furniture, and clothes owned by the Plaintiff B at a total of KRW 12,350,000 in the market value inside the instant building.

Therefore, as a tort, the defendant is obligated to pay the plaintiff A a total of KRW 15,547,00,000 and KRW 12,350,000,000 for property damage, and the plaintiff B a total of KRW 12,350,000 for property damage and KRW 17,350,000 for property damage.

2. Determination as to the claim

A. Judgment by public notice on partial acceptance (Article 208(3)3 of the Civil Procedure Act).

Some of the plaintiffs' claims for consolation money are dismissed, without any assertion or proof as to the fact that the plaintiffs suffered irrecoverable mental pain only with compensation for property damage, and that the defendant knew or could have known such circumstance.