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(영문) 인천지방법원 2018.07.12 2017가단255510
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. C around December 2012, the Defendant leased the Yeonsu-gu Incheon, 204 Dong 402 from the Defendant to maintain the de facto marital relationship with E and lived therein.

B. On July 8, 2017, around 00:11, a fire occurred in the instant building, and E was crashed out of the building, and died of multiple, long-term damage.

C. According to the result of the instant fire-fighting, “the fire is presumed to have occurred due to the rupture of electric wires installed at the main wall, due to the exhaustation of electric wires installed at the main wall.”

Plaintiff

A is the mother of E, and the plaintiff B is the partner of E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. The assertion and judgment

가. 원고들의 주장 비가 오면 이 사건 건물에 누수가 발생하여 벽지가 흠뻑 젖었다.

C and E demanded repair to the defendant, while the defendant had the repair cycle, but still the water leakage problem has not been resolved.

From July 2, 2017 to July 7, 2017, the fire in this case occurred due to the leakage of water, which occurred in the electric wires of the wind season.

The Defendant, as a lessor, violated the lessee’s duty to maintain the condition necessary for the use and profit-making of the instant building, and thereby, the instant fire occurred, and E died during the process of avoiding the instant fire.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 145,126,817 due to the tort damages (i.e., the deceased’s lost income of KRW 45,126,817,000,000, the consolation money of KRW 80,000,000, the Plaintiff’s own consolation money of KRW 20,000), the consolation money of KRW 15,00,000, and the delay damages therefrom.

B. The evidence submitted by the Plaintiffs alone alone that the Defendant neglected the management duty of the instant building.

The fire of this case is caused by water leakage.

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