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(영문) 대구지방법원 2014.11.13 2013가단31080
임대차보증금반환 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 25,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from February 19, 2013 to November 13, 2014.

Reasons

1. Facts of recognition;

A. On June 8, 2010, the Plaintiff leased all the two floors of the Daegu-gu Building C (hereinafter “instant building”) owned by the Defendant from the Defendant, with the lease deposit amounting to KRW 25,00,000, and the lease term from June 8, 2010 to June 7, 2012. On the same day, the Plaintiff paid the full deposit amount to the Defendant and moved into the second floor of the instant building.

On June 7, 2012, the above lease contract was implicitly renewed.

B. On February 19, 2013, a fire occurred on the second floor of the instant building, around 19:40, and a fire was destroyed by the ceiling, wall, artificial energy, and office fixtures inside the second floor of the instant building. Around February 19, 2013, there was a phenomenon, such as the tent, painting, and air condition of the interior of the first floor of the instant building.

C. On February 19, 2013, the Plaintiff appeared at work around 18:00, and returned home at around 19:40 of the same day, and the Plaintiff appeared to have a witness to have a fire on the side of the windows of the second floor living room of the instant building.

The fire investigators in Daegu Dong Fire Fighting Station who investigated the site are presumed to be part of the dwelling space in the second floor, and the fire causes could not be excluded from the possibility of fire prevention, electrical factors, mechanical factors, and gas leakage, but they concluded that accurate causes could not be known.

The Scientific Investigation Team of the Daegu East Police Station presumed, as a result of on-site identification, around the kitchen scams around the second floor in the living room, the fire was presumed to be a fire due to electrical causes of small air conditioners and electric scams.

[Ground of recognition] The non-contentious facts, Gap evidence 1 through 7 (including each number; hereinafter the same shall apply), the fact-finding reply to the Daegu East Fire Station by this court, the result of the on-site verification by this court, the result of the appraiser D's appraisal, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts and the purport of the entire pleadings, a lease agreement on the second floor of the instant building between the Plaintiff and the Defendant is concluded.

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