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(영문) 대구지방법원김천지원 2015.12.16 2015가단30875
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 2006, the Plaintiff engaged in the manufacturing business under the trade name “D” by leasing the building indicated in the separate sheet (hereinafter “instant building”) from C, and the Defendant is a person who engages in the manufacturing business under the trade name “E” at a place adjacent to the instant building.

B. From October 14, 2014, F, a Vietnam employee of the Defendant, resided in the instant building from around October 14, 2014 at the five square meters employees’ rest area (hereinafter “instant rest area”).

C. On January 12, 2015, around 23:41, a fire occurred in the instant resting area, and machinery and goods located within the instant building and the said building were relocated.

(hereinafter “instant fire”). D.

On February 13, 2015, the Daegu Science Investigation Institute found that the fire of this case was likely to occur due to electrical heat generated in the process of damaging the smokeing clothes of electric and hot water power supply lines installed at the entrance of the rest area in this case.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence 1 to 7, witness C's testimony, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion: (a) around October 14, 2014, the Plaintiff subleted the instant rest area to the Defendant; and (b) the Defendant set up the instant rest area with a scam for the purpose of growing it to a foreign accommodation, and set up a scam for the instant rest area, including electric and hot water.

Afterward, the Defendant’s employees F are obliged to pay to the Plaintiff KRW 50 million as part of the compensation for damages incurred by the instant fire, and damages incurred therefrom, since the instant fire occurred while the Defendant’s employees F was lodging and lodging in the instant rest area.

B. The party that sublets the rest area of this case from the Plaintiff’s assertion is not the Defendant but F.

F is one of the arguments in Korea, and the defendant is asked to find out whether the rest area in this case can be leased monthly, and the defendant is the defendant.

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