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(영문) 서울중앙지방법원 2016.08.05 2015가단5381600

구상금

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. On April 24, 2015, around 00:50, at the Jinju-si, a fire (hereinafter “instant fire”) occurred in the D’s 606 unit where B was operated (hereinafter “instant 606 unit”). The specific cause of the instant fire was not revealed.

On June 19, 2015, the Plaintiff paid KRW 34,005,234 insurance money to C for damage to the building and facilities, etc. caused by the instant fire.

- The accommodation charge shall be KRW 470,000 per month (excluding surtax, prepaid), and the balance shall be refunded by applying the daily accommodation charge to one room (20,000 won) per two persons in the case of early retirement or termination.

The additional number shall be calculated as KRW 10,000 per person per day.

- Dangerous articles, such as burners and oil, gasoline, light, gas, and explosive potential substances, shall not be carried in or handled.

At the time of the fire of this case, the defendant had been living in the office No. 606 of this case, and the main contents of the lease contract (Evidence No. 2 of this case) are as follows.

[Grounds for Recognition: Entry in Evidence Nos. 1 to 5, and the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion that the fire of this case occurred due to the Defendant’s negligence in performing his duty of care to preserve the leased object with the care of a good manager as the lessee of the 606 unit of this case. Thus, the Defendant is obligated to pay damages to the Plaintiff pursuant to Article 682 of the Commercial Act.

B. In light of the following circumstances, it is difficult to find that the Defendant violated the duty of care to preserve the leased object against the instant 606 room, which can be seen in the statement No. 1 as stated in the evidence No. 606, by taking into account the overall purport of the pleadings, the Plaintiff’s assertion cannot

The guest rooms and related facilities are placed under the control of the lodging business entity, and the accommodation business entity is obliged to provide guest rooms and related facilities and provide them with the obligation to allow them to use and benefit from them.

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