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(영문) 서울중앙지방법원 2018.03.20 2017나61203
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the addition or dismissal as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

(2) On the 5th page of the judgment of the court of first instance, the following is added to the part which was added or used after the judgment of the court of first instance, considering the result of the fact inquiry on the chief of the police station of this court.

As a result of the relevant case, the Defendant filed a claim for damages against B due to nonperformance or tort under a lease agreement, and filed a lawsuit against the Plaintiff regarding the instant fire. The first instance court rendered a judgment dismissing all the Defendant’s claim to the effect that “the instant fire is presumed to have occurred due to the defects in electric facilities, which are the area controlled and managed by the Defendant, the lessor, and there is no evidence to acknowledge B’s negligence.” The Defendant’s appeal and final appeal were all dismissed, and the said judgment became final and conclusive on November 1, 2017.

[The Seoul Central District Court 2014Gahap26830 (principal claim), 2016Gahap50855 (Counterclaim), Seoul High Court 2016Na2049403 (Counterclaim), 2016Na204940 (Counterclaim), Supreme Court 2016Na2049410 (Counterclaim), Supreme Court 2017Da254013 (principal claim), 2017Da254013 (Counterclaim)), 2017Da254020)]. The part of the first instance judgment 5 [based on recognition] is added to the “Evidence No. 17 and 18 (Evidence).” The part of the judgment of the first instance court 13 is as follows.

every effort. C.

1) The Defendant’s assertion 1) B, at the time of the instant lease agreement, agreed to be liable to restore the building to its original state upon occurrence of a fire, and prepared and delivered a letter to the Defendant on March 13, 2014, to restore the building to its original state on the damage caused by the instant fire to its original state, and waived the Defendant’s damage claim against the instant fire.

B The instant lease agreement and the written agreement dated March 13, 2014 respectively.

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