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(영문) 대구지방법원상주지원 2017.06.29 2017가합5033
부당이득금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff’s status as the parties is the second floor building located in C his/her sand site board (hereinafter “the instant damaged building”).

2) The Defendant, as the owner of the instant building, operated “D” on the first floor of the instant building. 2) The instant building, adjacent to the instant damaged building, was the owner of the instant prefabricated-type 131.1 square meters and the prefabricated-type 19.2 square meters of the assembly-type prefabricated-type 19.2 square meters (hereinafter “instant wooden building”).

3) F is a vinyl (hereinafter “instant vinyl”) on the factory site of the instant wooden building in around 2007, in which approximately 1/2 of the size of 131.1 square meters of the prefabricated-type wooden building among the instant wooden laboratories buildings and 19.2 square meters of the prefabricated-type wooden laboratories with 131.1 square meters of the prefabricated-type building and 19.2 square meters of the prefabricated-type wooden laboratory with 131 square meters.

B. A fire on March 22, 2014 (hereinafter “instant fire”) at the instant vinyl house around 20:00, in the event of the instant fire, was used as a warehouse for wood materials, or a wooden factory.

(C) The Plaintiff filed a lawsuit against the Defendant and F to compensate for KRW 783,754,480, which deducts the Plaintiff’s insurance money paid to the Plaintiff from KRW 395,01,507, out of KRW 1,178,755,987, the amount of damages incurred by the Plaintiff from the instant fire. On November 27, 2014, the court of first instance closed the pleadings on November 18, 2012, “the total amount of damages incurred by the Plaintiff due to the instant fire is KRW 1,133,54,98, and Defendant and F, limited their liability to compensate for damages to KRW 453,417,95, which is KRW 400,000, KRW 395, KRW 395, KRW 400, KRW 1505, KRW 4815, KRW 205, KRW 4815, decided by the lower court to be paid to the Plaintiff.”

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