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(영문) 전주지방법원 2017.06.27 2016가단7090
손해배상(기)
Text

1. The Defendants: (a) KRW 52,943,635 per annum for each Plaintiff; and (b) 5% per annum from October 6, 2015 to June 27, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person operating D’s store (hereinafter “instant store”) on the first floor of the 1st floor of the Ysan-gu Seoul Special Metropolitan City, Jeonju-si, and Defendant B is a person operating the “E” on the 2nd floor of the said building (hereinafter “instant golf course”), and Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Company”) is an insurer who entered into a non-life insurance contract with Defendant B.

B. On October 6, 2015, around 16:32, Nonparty F, an employee of the instant golf course, laid down waste bags in a plastic bag located in the outer balcony of the instant golf course. On the same day, a fire that spreads to the outer wall, ceiling, etc. of the instant golf course around 17:00 on the same day (hereinafter “the instant fire”).

C. In the process of extinguishing the fire at the scene, the fire officers dispatched to the scene made it impossible to use the clothing and other goods in the store as the fire fighting water flows out due to the Plaintiff’s burial, and destroyed the business facilities, such as the gymnas and internal organs.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 10, 11 (including each number in the case of additional evidence), Eul evidence Nos. 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The instant fire occurred due to Nonparty F’s negligence, who is an employee of Defendant B, and as the owner of the instant golf course, Defendant B is the occupant of the instant golf course and the employer of the said F, and the Defendant Company is jointly and severally liable for all damages incurred by the Plaintiff as the insurer of the Defendant B. (ii) The Plaintiff due to the instant fire, 84,70,902 won for business suspension from October 6, 2015 to January 27, 2016, 84,770,902 won for business suspension from January 6, 2015 to January 27, 2016, and 3,773,67 won for fixed expenses ( personnel expenses and four premiums) incurred on October 2015, 12,731,065 won for the rent and management expenses incurred during the period of business suspension, and the amount equivalent to KRW 720,00 won for the return of goods and labor expenses.

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