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(영문) 서울남부지방법원 2017.02.09 2016가합103270
양수금
Text

1. Defendant A’s KRW 1,047,977,325 to the Plaintiff and KRW 5% per annum from April 9, 2013 to February 9, 2017.

Reasons

Basic Facts

On March 8, 2012, the Plaintiff is a company that has occupied the apartment-type factory in Ansan-si C (hereinafter “instant building”) 632 and was preparing for the operation and business of the factory. Defendant A is the husband of E registered as the business entity of “D” located in the 630 unit of the instant building (hereinafter “each store of the instant building”) and Defendant B purchased 632 from Pakistan-si Co., Ltd. on November 9, 2012 and concluded a lease agreement with the Plaintiff.

On February 20, 2012, when the Plaintiff kept the equipment in 632, the Plaintiff entered into a contract with Japani-TNS Co., Ltd. (hereinafter “instant Japanese company”) and 22 units of electronic components failure equipment and inspection equipment (hereinafter “instant equipment”) with the instant Japanese company on the monthly rent for three years, on which the Plaintiff would pay 164,750,000N to the instant Japanese company in the form of monthly rent, and the Plaintiff would acquire ownership of the instant equipment upon the payment of the said price in full, and thereafter kept the instant equipment in the form of 632.

On April 9, 2013, when the employees of D, who damaged the instant facilities due to the occurrence of the instant fire, caused a fire due to an unforeseen cause (hereinafter “instant fire”), around 630, around 58, and around 630, while performing medicine recovery work (hereinafter “the instant fire”), and the smoke and fire extinguishing amount generated in the process were introduced from 630 to 632, located adjacent to the f31 studs. Accordingly, the Plaintiff was thereby damaged to the extent that it is impossible to repair, such as that the precision of the core parts function of the instant facilities, including two sirens, and license, which were kept by the Plaintiff pursuant to 632.

On June 27, 2013, the Plaintiff acquired all damage claims from the Japanese company of this case for the instant facilities due to the fire, and around July 31, 2013.

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