손해배상(기)
1. The Defendants jointly share KRW 14,237,100 with respect to the Plaintiff and 5% per annum from November 9, 2016 to May 15, 2018.
1. Facts of recognition;
A. On November 2002, the Plaintiff, as the owner of the real estate listed in the attached list (hereinafter “instant building”), entered into a lease agreement between Defendant B and Defendant B (hereinafter “instant lease agreement”) which is a monthly rent of KRW 300,000 for the instant building without a deposit.
B. Defendant B, along with Defendant C, operated the restaurant “D” (hereinafter “instant restaurant”) in the instant building.
C. On November 8, 2016, at around 02:32, Defendant C set off the instant instant restaurant without completely extinguishing the gas fire of the host scam in the instant restaurant, and setting the instant building by setting the instant building into the entire building, which was dried up on the instant scam.
(hereinafter “instant fire”). D.
The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is an insurer who entered into an insurance contract with Defendant C regarding the fire of the instant restaurant on February 20, 2014, which was the cover period from February 20, 2014 to February 20, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-2, Gap evidence 3-1, 4-10, and 10, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The summary of the Plaintiff’s assertion is that Defendant C is liable for damages arising from a tort that caused the instant fire by gross negligence, and Defendant B is liable for joint tort or for damages arising from nonperformance of the instant lease agreement.
Therefore, the Defendants jointly pay to the Plaintiff the total amount of KRW 7,037,100, the market price of the instant building, KRW 5,400,000, and KRW 3,600,000, which is the necessary period for rebuilding the instant building, which is the damage incurred therefrom, to the Plaintiff as stated in the purport of the claim.
B. According to the above facts of recognition of the occurrence of the damages liability of the Plaintiff, Defendant C was grossly negligent for the Plaintiff.