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(영문) 의정부지방법원 2017.01.11 2016가단114125
손해배상(기)
Text

1. The Defendants jointly share KRW 59,425,200 with respect to the Plaintiff, and 5% per annum from July 26, 2016 to January 11, 2017.

Reasons

1. On September 20, 201, the Plaintiff (1) leased a deposit for lease of KRW 23,00,000, monthly rent of KRW 230,000, KRW 2300,000, KRW 230,000, and the lease period of KRW 24 months for the lease of a part of the entrance right from Defendant A (Lessee) to the right part of the 694 square meters at the end of the middle floor of the Mancheon-si B and C-si-si-si, the Man-si, the Man-si, the Man-si District Office, and the Man-si.

On September 20, 2013, which is the expiration date of the above lease term, the above lease contract was implicitly renewed.

The Plaintiff kept the finished products, pumps, etc. in the warehouse of this case.

(2) On March 5, 2014, the registration of ownership transfer was completed to the Republic of Korea on the ground of the acquisition of public land on March 5, 2014 with respect to B 360 square meters of land for a factory in

(3) around December 2013, Defendant A received compensation from the Republic of Korea and removed part of the instant warehouse around June 7, 2014. Based on the inner wall of the warehouse, Defendant A removed the part of the instant warehouse and cut off, with approximately one meter away from the said wall, only on the roof, while removing the warehouse of the portion not used by the Plaintiff based on the inner wall of the warehouse.

At the time, Defendant A, without any operation to prevent the safety or damage of the warehouse of this case being used by the Plaintiff, left the partitions that were originally inner walls, cut the inside part of the original roof and left it alone as the eaves of the outer wall upper part.

As a result, rain has been set up in the ceiling, and new products have been accumulated inside the warehouse.

(4) The Defendant Poco Construction Co., Ltd. (hereinafter “Defendant Company”) is the contractor of the “Guri-Yacheon Highway” construction where the instant warehouse is located, and did not take preventive measures to prevent earth and sand from being flow into the warehouse used by the Plaintiff while loading earth and sand in the vicinity of the instant warehouse in the form of “cream”. As such, soil and soil sugar was introduced into the warehouse of this case.

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