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(영문) 의정부지방법원고양지원 2015.11.20 2014가합54052
손해배상(기)
Text

1. The Defendants jointly share KRW 160,258,670 with respect to the Plaintiff and the period from March 18, 2014 to November 6, 2014.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building of general steel structure, sand position panel, factory, and dormitory building of the second floor above the 2nd floor of Yongsan-gu, Busan-gu, U.S. (hereinafter “instant building”). Defendant B (hereinafter “Defendant Company”) is the possessor of the instant building as the Defendant Company (hereinafter “Defendant Company”) who disposed of waste using scrapers (hereinafter “instant scrapers”) in the instant building, and Defendant C is the representative director of the Defendant Company.

B. On December 31, 2012, the Plaintiff entered into a contract with the Defendant Company to lease the instant building and its site with the term of lease from December 31, 2012 to December 31, 2015 (hereinafter “instant lease contract”). The Defendant Company paid to the Plaintiff KRW 70 million and KRW 30 million to its original state performance bond and KRW 70 million to its original state performance bond.

C. The Defendant Company used the instant building as a workplace, transported wastes stored inside and outside of the building, and disposed of wastes by crushinging the instant crushing machine. On March 18, 2014, the employees of the Defendant Company worked up to 19:00, and set off all of them out except Nonparty I among the employees, who did not clean up wastes accumulated around the instant crushing machine.

C. At the mechanical room of the instant building, I discovered the occurrence of a fire (hereinafter “instant fire”) and reported to 119 around March 18, 2014. On the image of the closed-circuit Twits (CCTV), the point where the instant fire occurred should be located near the mother of the instant crushing, and then at around 9:55 on March 19, 2014, the instant fire was completely extinguishing.

The Defendant’s report on the fire site investigation of this case is about the cause of the fire of this case.

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