손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 1, 2013, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 100 million, monthly rent of KRW 700,000,000, and the lease period of KRW 24 months with the Busan-gun, Busan-gun, and the first floor commercial building (hereinafter “instant commercial building”). At that time, the Plaintiff operated the instant commercial building by being handed over from the Defendant and operated the instant commercial building.
B. On June 6, 2015, around 09:00, at the entrance of the instant commercial building, an accident of fire fighting occurred in the power distribution board installed at the entrance of the instant commercial building (hereinafter “instant fire accident”). During fire extinguishment, damage, such as smoke, was incurred to the inside of the instant commercial building.
C. On January 4, 2016, the Plaintiff received KRW 34,335,463 in relation to the instant fire accident from the Eastern Fire Insurance Co., Ltd., which concluded the fire insurance contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 15, Eul evidence Nos. 1 through 7 (including each number), the results of the fact inquiry reply by the Busan Metropolitan Police Station of this Court, and the Busan Metropolitan City Book Fire Prevention Center, the results of the response by this Court to the order to submit financial transaction information to Dongbu Fire Co., Ltd., the purport of the whole pleadings.
2. The assertion and judgment
A. 1) The Plaintiff asserts that the Plaintiff, as a lessor of the instant commercial building, failed to perform his/her duty to maintain the commercial building in a state suitable for the use and profit-making of the instant commercial building in the instant fire accident, and that the Plaintiff sustained damages of KRW 56,719,500 in total as follows: ① from June 6, 2015 to October 31, 2015, KRW 39,500 in operating losses [ [ KRW 8,00,000 in x 60,000 in x 600,000 in x 25 days x 50/100] ② ② The scope of damages arising from the virtual price of the household product and the house house x 12,219,500 won [=21,396,000 won, 3,0043,000 won] ± The Defendant’s compensation for damages cannot be claimed against the Plaintiff.
(b) liability for damages.