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(영문) 대구지방법원 2015.09.18 2014가합3720
손해배상(기)
Text

1. The Defendants: (a) KRW 74,410,619 for each Plaintiff and KRW 5% per annum from May 1, 2011 to September 18, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff operated a manufacturer, such as steel structures, special tea-producing production equipment, etc., with the trade name “E” in a factory and warehouse on the D ground of the Gyeongdong-gun, Gyeongdong-gun, and Defendant B owned two factories and one warehouse on the Flue-gun, and operated two double manufacturing and selling companies of “G” in the above building.

B. On April 20, 201, Defendant C leased the warehouse of the above “G” (hereinafter “instant warehouse”) from Defendant B, and manufactured and sold fake petroleum products from the instant warehouse by using merton, Toluene, and soben, or stored petroleum products, etc. in the PVC plastic tank, etc. in the instant warehouse for the purpose of manufacturing fake petroleum products. On May 1, 201, the fire (hereinafter “the instant fire”) was explosiond due to the cause for which it is impossible to identify the legacy, etc. in the instant warehouse, and the fire was destroyed by a factory and warehouse of “E” adjacent to the saidG, parts inside the said warehouse, seals and seals inside the factory, and three vehicles on repair.

C. Due to the instant fire, Defendant C was sentenced to two years of imprisonment on August 30, 201 (Tgu District Court 201Da2900), and was sentenced to one year and six months of imprisonment at the appellate court on December 20, 2011 (Tgu District Court 201No3170), and the said sentence became final and conclusive on December 28, 2011.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-3, 8, Eul evidence 1-5, the purport of the whole pleadings

2. The parties' assertion

A. (1) While Defendant C was manufacturing fake petroleum products in the instant warehouse, the instant fire was caused by gross negligence without fulfilling his duty of care to prevent fire or explosion, and Defendant C knowingly leased the said warehouse to Defendant C’s use for manufacturing fake petroleum products. As such, the Defendants pursuant to Articles 750 and 756 of the Civil Act.

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