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(영문) 서울중앙지방법원 2014.10.17 2012가단76261
손해배상(기)
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 73,948,336, and 5% per annum from August 18, 2011 to October 17, 2014.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff entered into a lease agreement with the owner of the building in Gangnam-gu Seoul Metropolitan Government on September 30, 2010 on approximately 33 square meters of the first floor. On October 10 of the same year, the Plaintiff entered into an agency agreement with the non-party, a clothing, a clothing, supplied by the said company, and supplied the clothing from the said company at the said store (hereinafter “instant store”).

(2) Defendant He sold drinking water in the name of the Plaintiff (hereinafter “Defendant Company”). Defendant B, who entered into a contract with the Defendant Company, supplied drinking water to the store of this case operated by the Plaintiff on October 10, 2010. Defendant B, who supplied drinking water to the store of this case. During the period of supply of drinking water, Defendant B lent the cold and hot water, which is the Defendant Company that produces cold and hot water, to the Plaintiff without compensation, to manage the said cold and hot water.

B. On August 18, 201, when a fire accident occurred in the instant store, a fire (hereinafter “instant accident”) occurred in the instant store on the new wall, and the wall, interior interior interior interior interior interior interior interior interior, furniture, clothing, etc. of the instant store were postponed due to fire.

[Reasons for Recognition] Unsatisfy, Gap 1-2 evidence (including each number), Gap 4 evidence, Gap 6 video, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Defendant B supplied the Plaintiff with the cold and hot water 20 years or passed since it was manufactured by the Plaintiff. In such a case, Defendant B had a duty of care to replace the inside electric parts of the product or to verify whether the inside parts of the product were generated by negligence, and thus, Defendant B caused the instant accident by negligence under Article 750 of the Civil Act. Defendant Company provided the instant cold and hot water conditioning without compensation to Defendant B.

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