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(영문) 수원지방법원 2015.11.25 2014나48290

손해배상(기)

Text

1. Of the judgment of the court of first instance, KRW 19,871,428 against the Plaintiff and its related thereto from September 22, 2013 to November 25, 2015 against the Defendant.

Reasons

1. Basic facts

A. On January 25, 2012, the Plaintiff leased the leased deposit deposit amounting to KRW 10,000,000, monthly rent, KRW 1,750,000, and KRW 1,750,000 from May 1, 2012 to April 30, 2013, the Plaintiff agreed to reinstate the object to the Plaintiff upon termination of the contract.

B. After the lease contract, the Defendant was delivered the instant warehouse from the Plaintiff and occupied and used the said warehouse as a lessee. On September 21, 2013, a fire (hereinafter “the instant fire”) occurred in the instant warehouse on September 21, 2013, and most of the instant warehouses were destroyed by fire, excluding the floor area of reinforced concrete in the instant warehouse that was set up in the sandbrid board.

[Ground of recognition] Class A and 6 evidence (including branch numbers for those with additional numbers; hereinafter the same shall apply), Category B and 1, E's testimony of the witness E of the court below, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Defendant, as a lessee of the instant warehouse, has a duty to preserve leased object and return leased object to the Plaintiff upon the termination of the lease, without fulfilling such duty of care. However, the Defendant loaded a large quantity of articles in the vicinity of the instant warehouse without fulfilling such duty of care, and thus, the warehouse of this case was transferred to the instant warehouse through the aforesaid spunch. Therefore, the Defendant is liable to compensate the Plaintiff for damages incurred due to nonperformance of the duty to return leased object. (ii) The amount of damages calculated by the Defendant is liable to compensate the Plaintiff for losses incurred by the fire of the instant warehouse, including KRW 137,089,474, KRW 7,800,00, KRW 200 between the time when the fire occurred and May 26, 2015.