2013Na29621 Claims

Co., Ltd.

Samsung Fire Insurance Co., Ltd.

Seoul Central District Court Decision 2012Da5032693 Decided May 24, 2013

October 10, 2013

October 24, 2013

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

The defendant shall pay 60,119,32 won to co-defendant A of the first instance trial and each plaintiff, and 5% interest per annum from January 19, 2012 to the delivery date of a copy of a complaint, and 20% interest per annum from the next day to the day of complete payment.

2. Purport of appeal

The part of the judgment of the first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the above revocation shall be dismissed.

1. Quotation of judgment of the first instance;

The court's explanation on this case is reasonable to view that the part of the court's judgment No. 10 of the first instance court's 11 to No. 12 of the same page is included in the scope of guarantee of the special terms and conditions of the lessee's liability for damages suffered by the lessor due to the loss of the object of lease and other parts indivisible in structure with the object of lease and the existence of mutual maintenance and existence of the object of lease, and the legal nature of the lessee's liability for damages. Thus, the above argument is the same as the reasoning of the first instance court's judgment, except for the case's opinion as follows.

2. Conclusion

Therefore, the plaintiff's claim against the defendant is justified within the above scope of recognition, and the remaining claims shall be dismissed as it is without merit. The judgment of the court of first instance is just as it is concluded, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge shall become invalid;

Judge Freeboard

Judges Chan-chan