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(영문) 서울중앙지방법원 2016.11.24 2016가단5111778

구상금

Text

1. The Defendants jointly share KRW 24,689,452 with respect to the Plaintiff and KRW 5% per annum from July 10, 2015 to June 17, 2016.

Reasons

1. Basic facts

A. The Korea Land and Housing Corporation established a lease agreement with C and the occupant, the owner of which was the third floor of the apartment house of the third floor in Seoul, Dongjak-gu, Seoul (hereinafter “the instant building”) among the third floor on the ground B of the instant building, as Defendant A, for the rent of KRW 75 million, the Korea Land and Housing Corporation shall pay the remainder of KRW 4.95 million to each lessor, and the rent of KRW 4.95 million to Defendant A, the occupant, for the rent of KRW 4.95 million, and the lease agreement was concluded between October 20, 2013 and October 19, 2015.

B. Article 8(1) of the above lease agreement provides that, where the lease contract is terminated due to the expiration of the contract term, the occupant should deliver the leased object directly to the lessor.

C. The Plaintiff is an insurer who entered into a housing fire insurance contract with the Korea Land and Housing Corporation.

On May 20, 2015, Defendant A was charged with electric kickboards purchased and used by Defendant B, U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.S. A connected all of them to the front of the instant building. However, the occurrence of a fire by electrical heat and fire by flames and flames (hereinafter “the instant fire”) at the inside board or exhauster of the electric kickboards caused damage to the third floor of the instant building and caused damage to the outer wall.

E. The amount of damages caused by the instant fire is KRW 32,935,359, and KRW 24,689,452 based on the market price.

F. On July 9, 2015, the Plaintiff paid KRW 32,935,359 of the insurance money based on the value of re-financing, pursuant to the “Terms and Conditions on Special Cases Concerning Resale Price” of Housing Fire Insurance concluded with the Korea Land and Housing Corporation.

[Ground of recognition] Unsatisfy, entry (including serial number) in Gap1 through 9, the purport of the whole pleadings

2. The parties' assertion

A. Defendant A, as an occupant of the third floor of the instant building, did not perform his duty under the lease agreement due to the instant fire.