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(영문) 대구지방법원 2016.07.12 2015가단120700

손해배상(기)

Text

1. The Defendant’s KRW 21,748,887 as well as the Plaintiff’s annual rate of 5% from March 22, 2014 to July 12, 2016.

Reasons

1. Facts of recognition;

A. On December 17, 2002, the Plaintiff is the owner of a 1st general 201 square meters general 201 square meters and 98.74 square meters of detached houses (one household) with the second floor of the 2nd class neighborhood living facilities in Daegu-gu, Daegu-gu, which was registered for the preservation of ownership, and was registered for the preservation of ownership, at that time.

B. The Defendant is a person who runs restaurant business in the name of “G” in the name of “G” from the retail store of 122.43 square meters underground of the 1st floor retail store of 1st floor, 122.43 square meters underground, 1st floor general wood structure general restaurant of 1st floor, 80.59 square meters (hereinafter “the instant fire building”).

C. On March 22, 2014, a fire occurred to the instant fire building; due to heat at the time of the instant fire, part of the finishing materials, such as the inner ceiling and walls of the building abutting on the outer wall, and the removal and re-installation of the building, are required due to damage to the outer walls (pPS board), roof materials, windows, etc. of the instant burning building due to heat at the time of the instant fire. In addition, construction cost is KRW 36,248,145 for such construction.

[Ground for Recognition: Unsatisfy, Gap evidence 1 to 7 (including branch numbers);

hereinafter the same shall apply.

(i)each entry, entry in Eul evidence 1 to 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. Comprehensively taking into account the facts acknowledged as the cause of fire and the evidence mentioned above, that is, ① the first discovered person had a sound “cating” at the cafeteria of the first floor, and reported to 119 the fact that it had been postponed from the rear part of the cafeteria of the cafeteria, ② the Defendant also discovered that the gate was cut off from the cafeteria of the container behind the cafeteria, and that the snow was cut off from the cafeteria of the cafeteria, and that the overall fire was spread out from the cafeteria of the cafeteria of the cafeteria, ③ the cafeteria of the cafeteria of the cafeteria of the cafeteria of the cafeteria of the cafeteria of the Defendant.