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(영문) 광주지방법원순천지원 2017.08.08 2016가단72591
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. The Plaintiff is the owner and lessor of No. 5 and No. 5 of the first floor among the buildings with the fifth floor above the ground of the first floor located in C in leisure time (hereinafter “instant building”).

B. On August 4, 2014, the Plaintiff entered into a lease agreement with the Defendant on the instant building store (hereinafter “instant Defendant store”) No. 5 of the first floor among the instant building (hereinafter “instant building”).

(2) On October 20, 2014, the Plaintiff entered into a lease agreement with E as to the lease deposit amount of KRW 50 million, monthly rent of KRW 2.2 million, and the lease term of KRW 24 million. The Defendant operated the restaurant in the name of “D” at the above lease store. (2) On October 20, 2014, the Plaintiff entered into a lease agreement with E as to the second floor No. 5 (hereinafter “the instant lease store”) of the instant building, with the lease deposit amount of KRW 20 million, monthly rent of KRW 1.3 million, and the lease term of KRW 24 months.

E operated the “F” with the trade name “F” at the above leased store.

C. On August 27, 2015, the Defendant’s employees of the instant fire fighting unit turned on the gas rash, leaving the valve without locking the valve, and then leaving the valve on August 28, 2015, the fire occurred in the inner ceiling of the kitchen at around 6:56 on August 28, 2015 (hereinafter “instant fire”) and both the Defendant’s store, the E store, the lessee store, and the passage were destroyed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 12, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and determination 1 parties' assertion suffered a lot of damages until the completion of repair due to the fire of this case, and as a result of agreement with the defendant, the plaintiff set the amount of KRW 50 million to be returned to the defendant, including the unpaid monthly rent of the defendant and E, unpaid commercial buildings management expenses, unpaid amount of electricity charges, and attorney fees, as damages to be paid by the defendant.

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