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(영문) 수원지방법원 2014.10.31 2013가합9928

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 46,094,400 to the Plaintiff (Counterclaim Defendant) and its related amount from March 9, 2013 to October 31, 2014.

Reasons

1. Basic facts

A. On June 3, 2002, the Plaintiff acquired ownership of each real estate listed in the separate sheet.

From around 202, the Defendant leased the buildings indicated in No. 1 of the same list (hereinafter “instant building”) and the buildings indicated in No. 2 of the same list (hereinafter “instant Adong”) among the buildings indicated in No. 1 of the same list (hereinafter “instant building”) and used them as the factory of “C” as the synthetic resin manufacturing business chain operated by the Defendant.

B. On November 25, 2011, the Defendant: (a) between the Plaintiff and the Plaintiff, the lease deposit for the instant Dong is KRW 5 million; (b) the monthly rent is KRW 1 million; and (c) the lease term is KRW 24 months from November 16, 201; and (d) concluded a re-lease agreement with the Plaintiff (hereinafter “instant first lease agreement”).

(2) A rental deposit for the instant warehouse building is KRW 8 million; KRW 1 million for monthly rent; and the term of lease is set from November 16, 201 to 24 months for the instant warehouse building (hereinafter “instant second lease contract”).

(2) Meanwhile, around November 25, 2011, D Co., Ltd. (hereinafter “D”) leased the B B B B B, etc. of the instant building from the Plaintiff and used it as a manufacturing factory of synthetic resin, such as industrial films.

3) The instant building is a prefabricated building of the sandd Location Panel structure, and the boundary between the instant Dong and B was divided into a panel in the middle part of the instant building. C. On March 9, 2013, a fire occurred in the instant building and both A Dong and B were destroyed (hereinafter referred to as “instant fire”). The instant fire occurred on or around 20:00 on March 9, 2013, and both A Dong and B were destroyed (hereinafter referred to as “instant fire”).

(d) The results of the investigation into the causes of the instant fire are as follows: (i) the comprehensive report on the inter-regional fire investigation in the ignic fire fighting site conducted on March 11, 2013 are as follows: (ii) the arrival of the fire brigade was in the situation where the building was destroyed by rapid combustion inside the factory constructed as a sandd position panel; and (iii) the fire suppression by which the sckes were mobilized.