beta
(영문) 서울중앙지방법원 2017.11.09 2016가단5137787

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 20,540,541 to the Plaintiff (Counterclaim Defendant) and its amount from January 23, 2016 to November 9, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 19, 2014, the Plaintiff and the Defendant, as the lessee, entered into a lease agreement with the Defendant, the lessor, and with respect to the portion of 19.85 square meters in the ship (hereinafter “instant store”) connected in sequence to each of the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant building”) as indicated in the separate sheet indicating 1, 2, 3, 4, and 1, with respect to the lease deposit amount of KRW 20 million, and the lease term of KRW 80,000,000 (hereinafter “instant lease agreement”) from April 30, 2014 to April 30, 2016, and KRW 80,000,000 per month (hereinafter “the instant lease agreement”). At that point, the lease agreement was operated in the same place.

B. On January 22, 2016, a fire (hereinafter “instant fire”) occurred within the instant store on or around 16:40 on January 22, 2016, and the occurrence of the fire occurred, the instant building and the inventory assets, fixtures, etc. of multiple stores located in the instant building and other stores located in the instant building were destroyed or flooded by fire water.

C. As a result of the investigation of the fire cause, the results of the investigation conducted by police stations, fire stations, and Korea Electrical Safety Corporation are as follows:

(1) Seoul Regional Police Agency’s review on the O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O were