손해배상(기)
1. From April 28, 2016 to November 15, 2017, the Defendant-Counterclaim Plaintiff (Counterclaim Defendant) paid KRW 1250,000 to the Plaintiff (Counterclaim Defendant) and against this.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 2014, the Plaintiff leased C concrete warehouses located in C (hereinafter “instant warehouse”) from the Defendant for two years from October 23, 2014, setting the total rent of KRW 3 million during the said period, and paid the full rent of KRW 3 million.
B. The warehouse of this case is a single-story with a building area of 165.29 square meters, consisting of a low temperature storage warehouse part of 70.07 square meters and other parts of 95.22 square meters.
C. From the time when the Plaintiff leased the instant warehouse, the Plaintiff used it on delivery. On December 11, 2015, at around 00:20, a fire occurred in the low temperature storage warehouse part of the said warehouse, and most of the low temperature storage storage part was destroyed, and 50 tons of the storage part was entirely destroyed, and the other parts were considerably damaged.
(hereinafter referred to as “instant fire”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 3 and 5-3 through 6, and the purport of the whole pleadings.
2. The parties' assertion
A. While leasing the instant warehouse to the Plaintiff, the Defendant neglected to perform the duty of care to prevent fire, such as thoroughly inspecting the defects of the fire prevention system and electrical equipment, etc., thereby causing a fire.
In particular, a fire was caused by the Defendant’s alteration of the warehouse of this case due to the Defendant’s failure to control the volume of electricity.
Therefore, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant fire, and the amount of the damages is KRW 150 million at the market price of about 50 tons stored in the Plaintiff’s warehouse, and KRW 30 million at the penalty to be paid due to the failure to supply a ebbbrance to D.
In addition, since the lease contract is terminated due to fire caused by the fire of this case, the defendant should refund the remaining rent of 1.25 million won to the plaintiff for the ten-month period.
The plaintiff is 5.0 out of the total amount of money.