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(영문) 서울남부지방법원 2020.05.14 2019나1294
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The reasoning for this part of the court’s claim for damages is the same as that of the judgment of the court of first instance, and thus, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Scope of liability;

A. In light of the fact that the fire of this case within the scope of liability for damages is destroyed by fire or lost the value of the goods, the quantity, kind, and price of all remaining goods remaining at the fire site is impossible to be calculated accurately because all remaining goods remaining at the fire site were destroyed or transferred after considerable time from the date of fire occurrence, and the details of transactions, tax invoices, and other objective materials to know about the sales have not been submitted, the damage caused by the fire of this case is acknowledged as having occurred, but it is extremely difficult to prove the specific amount of damage due to the nature of the case.

In such cases, pursuant to Article 202-2 of the Civil Procedure Act, the court may determine an amount deemed reasonable as an amount of damages by comprehensively taking into account all the circumstances recognized as a result of the examination of evidence.

(A) The Plaintiff asserts that, due to the fire in the instant case, the Plaintiff suffered damages equivalent to 11,386,000 won in total by losing the fire caused by the fire in its possession and the value of its products.

The following facts or circumstances, which are acknowledged as a whole by integrating the aforementioned evidence and the statements in Gap evidence Nos. 7 and 18 through 22, i.e., the following facts or circumstances, i.e., (i) the plaintiff and the plaintiff's partner H, upon the request of Yangcheon Fire Fighting Unit after the occurrence of the fire of this case, 425 import sunset and flexible products in the plaintiff's store of this case, 112, 33 domestic markets, 570 list No. 18 of damaged articles A, and detailed statements are as follows.

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