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(영문) 의정부지방법원고양지원 2014.11.05 2013가합9260

손해배상

Text

1. Defendant B’s KRW 25,920,00 for the Plaintiff and KRW 5% per annum from June 7, 2013 to November 5, 2014.

Reasons

1. Basic facts

A. The Plaintiff operated a bamboo manufacturing plant with the trade name “E” from the D Ground Building (hereinafter “instant burning building”) owned by the Plaintiff at the time of Pakistan-si.

B. Defendant B operated a hydrogen manufacturing plant with the trade name of “G industry company” from the F Ground Building (hereinafter “instant fireproof building”) at the time of Pakistan.

C. On June 6, 2013, around 07:30, a fire (hereinafter “instant fire”) occurred within the fireproof building of this case, and the fire was relocated to the burning building of this case and the burning building of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 5, Eul evidence 1 to 5, the purport of the whole pleadings

2. The parties' assertion

A. As the possessor of the building of this case, which is a structure, the Plaintiff B bears the responsibility for the defect of the structure (main sentence of Article 758(1) of the Civil Act); and in the event that the liability of the Defendant B is not recognized, the Defendant C is the owner of the building of this case and is liable for the defect of the structure.

(Article 758(1) proviso of the Civil Act). On the other hand, due to the fire of this case, the Plaintiff suffered a total of KRW 196,001,380 (22,797,380,000,000,000,000,000 won, and KRW 21,694,687,90,000, finished products such as machinery and equipment, etc., which were 22,797,380,00,000,000,000,000,000,000,000 won was destroyed due to the fire of this case, and the Plaintiff was unable to operate a bamboo plant for 15 days due to the fire of this case, and suffered business loss that did not obtain profits of KRW 5,00,000,000.

Therefore, Defendant B is obligated to compensate the Plaintiff for the total amount of damages KRW 247,001,380 ( KRW 196,001,380,000). In the event that Defendant B’s liability is not recognized, Defendant C is obligated to compensate the Plaintiff for the said damages amounting to KRW 247,01,380.