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(영문) 서울중앙지방법원 2017.10.25 2017가단23910
구상금
Text

1. The Defendant’s KRW 9,968,289 as well as the Plaintiff’s annual rate from May 23, 2014 to October 25, 2017.

Reasons

1. Basic facts

A. On September 23, 2013, the Plaintiff and B concluded a fire insurance contract (hereinafter “instant insurance contract”) between September 23, 2013 and September 23, 2014, with the Plaintiff’s three-storys above ground and one-storys below ground (hereinafter “instant building”) as the subject matter of insurance, with the insurance coverage amount of KRW 450,000,000, and the insurance period of KRW 16:00 from September 23, 2013 to September 16, 2000 (hereinafter “instant insurance contract”).

B. On April 17, 2009, the Defendant leased the lease deposit amount of KRW 10,000,000 and KRW 350,000,000 from the Defendant on the instant building.

C. On March 29, 2014, around 01:07, the occurrence of the instant fire occurred, and the occurrence of an unregistered fire from the leased household of this case to another household, and the underground floor of the instant building was partially destroyed by the electric station, the household on the ground floor, and the section for common use. The Defendant’s land and his children, who were in the leased household of this case, died.

B’s damage and Plaintiff’s insurance money payment 1) The amount of damages equivalent to the cost of restoring the damaged part of the instant fire caused by B is KRW 15,68,764, 201, 201, 201, 2018, 308, 202, 8,600, 161, 205, 3, 374, 894, 9,479,151, 3,780, 208, 43,521,468, 204, the Plaintiff paid insurance money to B on May 22, 2014.

【Ground of recognition】 Each entry of evidence Nos. 1 through 15, and the purport of the whole pleadings

2. Defendant’s liability for damages against B

A. The summary of the Plaintiff’s assertion 1 is that the Defendant is liable to compensate the lessor B for damages incurred due to nonperformance of the duty to return the leased object, even if the cause of the instant fire is unknown, unless it proves that the lessee performed his duty to preserve and manage the leased household of this case as a good manager.

The plaintiff.

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