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(영문) 춘천지방법원 2018.01.09 2017가단51736

손해배상(기)

Text

1. The Defendant’s KRW 22,670,335 as well as 5% per annum from April 20, 2017 to January 9, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the 1st floor of 173.31 square meters of neighborhood living facilities in the light fluorial steel structure on the ground D in the Hongcheon-gun, Suwon-gun.

B. On November 22, 2013, the Plaintiff leased a lease deposit of KRW 10 million, monthly rent of KRW 300,000,000 from November 22, 2013 to November 21, 2015. Since June 2, 2014, the monthly rent of KRW 350,000,000 among the above buildings (hereinafter “the instant building”) increased to KRW 10,000,000,000 from November 22, 2015.

C. The Plaintiff operated retail stores in the remainder of the buildings mentioned in paragraph (1) (hereinafter “instant building”) and the Defendant operated the real estate brokerage office in the instant building.

However, around 08:50 on December 21, 2014, a fire occurred in the first building of this case, and resulting in the occurrence of the first and second buildings of this case.

(hereinafter “instant fire”). E.

The Gangnam Hongcheon Police Station, which investigated the instant fire, concluded the fire on the ground that “the lessee was fluordated in a flower and 20 minutes passed after the fluoring of the fire, there is a possibility of fluoring the electric power at the sand position panel in contact with the fluoric heat generated in the smoke, and that the fire was destroyed due to the cause, such as plucking, plucking, or partitioning of electric wires, etc. from the electric wires around the wall via the smoke, and it is possible that the fire was caused due to the fire caused by the fire or lessee’s dluorism, and it is difficult to recognize the crime.”

[Ground for recognition: Unsatisfy, Gap evidence 1, 2, 6, 7 (including paper numbers; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. The parties' assertion

A. Since the fire of this case occurred due to the construction and use of the fire of this case voluntarily installed by the Defendant, the Defendant incurred a total of 63,90,670 won from the fire of this case = 44,540,670 won at the market price of the first and second buildings of this case.