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(영문) 서울서부지방법원 2014.07.04 2013가합32758

손해배상(기)

Text

The Defendants are jointly and severally liable to the Plaintiff for 133,173,767 won and 5% per annum from March 1, 2009 to July 4, 2014.

Reasons

Basic Facts

On May 20, 207, the Plaintiff leased the instant 2nd floor, 730.83 square meters, 102.23 square meters, 3rd floor (hereinafter “instant age club”) to the Defendants on the land outside Eunpyeong-gu Seoul and 1 other (hereinafter “instant building”) for the purpose of operating a gym clubs. The instant gym clubs lease term from May 20, 2007 to March 19, 2009, the lease deposit amount was KRW 600,000, KRW 00, and KRW 300 from May 20, 2007 to March 19, 2008, and the instant gym clubs lease amount was set as KRW 30,00,00, KRW 100, KRW 1000, KRW 300, KRW 200, KRW 3000, KRW 209, May 20 to March 19, 2008.”

The main contents of the instant lease agreement are as follows. On August 27, 2007, the Plaintiff and the Defendants drafted a protocol of compromise with the Seoul Central District Court 2007Da1478, which is the main contents thereof.

On the other hand, around 4:30 on August 20, 2008, the entire building of this case was destroyed by a fire due to the damage, etc. to electric wires on the third left-hand side of the stage club of this case (hereinafter “the fire of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 6 (including virtual number), and the purport of the entire argument as to whether the defendants are liable to compensate for damages caused by the fire of this case, first of all, to determine whether the defendants are liable to compensate for damages caused by the fire of this case. In the lease contract of this case, the facts that the defendants agreed to recover them at their own expense and compensate for damages are identical to those recognized in the above 1-B. Thus, the defendants are liable to compensate the plaintiff for damages caused by the fire of this case.

As to this, Defendant B is due to Defendant B’s negligence.