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1. The Defendant: KRW 45,247,096 for the Plaintiff and KRW 5% per annum from July 26, 2017 to June 26, 2019; and
Reasons
1. Facts of recognition;
A. On February 2, 2016, the Defendant installed six plastic houses (see attached disposition, e.g., the attached disposition; hereinafter referred to as “the greenhouses No. 1 through 6”) on the area of 3,567 square meters in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, and used them as the goods storage, etc. of D, which he/she operates.
B. On June 1, 2017, the Plaintiff, which carried on the wholesale and retail business of pet goods, leased 64 square meters of the vinyl 64 square meters from the Defendant as the leased deposit amounting to KRW 5 million and KRW 700,000 of the monthly rent, and used it as the storage of goods.
C. On July 26, 2017, the Plaintiff, which was the Plaintiff’s greenhouse, 1 to 5, 144,058,870 won of the market price in the Plaintiff’s greenhouse, 200, caused damages of approximately KRW 800 million due to the fire, such as burning the fire into fire. D. Based on witness’s statement, the Defendants presumed the scene of the fire to be the first launch point, based on the following factors: (a) on the ground that the fire accident in this case was combined, the Goyang Fire Station, the Goyang Police Station, which was used by the Defendant, was presumed to be the first launch point; and (b) on the ship’s line, the fire was presumed to be the first launch point; (c) on the basis of the following factors: (a) on the ship’s top line, which was directly connected to the power station; and (e) on the basis of the fact that the Defendant voluntarily investigated the damage to the Plaintiff, returned the lease deposit amount to the Plaintiff; and (d) paid the damages amount of KRW 70 million.
2. The Plaintiff’s assertion by the parties: The instant fire occurred due to the defect in the construction or preservation of a vinyl house No. 4, and thus, the Defendant, the possessor and the owner of the instant fire, are liable to compensate for the damages incurred by the Plaintiff (i.e., KRW 144,058,870 - KRW 70 million) and damages for delay.
Defendant: The instant fire is due to the power failure and constitutes a natural disaster.