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(영문) 의정부지방법원 2016.02.17 2014가합7473
손해배상(기)
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Plaintiff

A on May 9, 2012, leased the Plaintiff’s instant building (hereinafter “the instant building”) from E on the same day, and leased the part corresponding to 1/2 of the Plaintiff’s instant building to Plaintiff B on the same day; the Plaintiffs used the Plaintiff’s building at the time of the instant fire under the following circumstances for the purpose of storing the original unit, etc.; Defendant D is the owner of the instant building at Yangju-si G ground (hereinafter “instant Defendant building”); Defendant C leased the instant building from Defendant D to use it for storing the original unit, etc. at the time of the instant fire; Defendant C used it for the purpose of storing the original unit, etc. at the time of the instant fire on January 6, 2014 (hereinafter “the instant fire”); and the fact that both the Plaintiff’s building and the Defendant’s interior unit, etc. were destroyed by a fire that occurred around January 6, 2014 (hereinafter “the instant fire”); or the purport of the entire pleadings is recognized if there is no dispute between the parties, or any number number Nos. 1 and 3(a).

The plaintiffs asserted that the fire of this case occurred first in the defendant building of this case and moved to the plaintiff building of this case.

The fire of this case occurred due to the Defendants’ negligence in managing the Defendant building of this case and defects in the construction and preservation of the Defendant building of this case.

Due to the instant fire, Plaintiff A suffered damages equivalent to KRW 489,288,325, and Plaintiff B suffered damages equivalent to KRW 427,281,200.

Therefore, as a joint tortfeasor, the defendants are jointly and severally liable to pay the plaintiffs 10 million won and damages for delay, respectively, as part of the above damages.

Judgment

It is insufficient to acknowledge the fact that the fire of this case first occurred in the defendant's building of this case and moved it to the plaintiff's building of this case only with the statement of No. 3, and there is no other evidence to acknowledge it.

In addition, the evidence submitted by the plaintiff alone is any defect in the construction and preservation of the defendant building of this case.

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