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(영문) 서울중앙지방법원 2015.01.13 2013가합547941
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of a land and a ground building of 42 land and a building of 42 land in the Simpo-dong, Simpo-si, Simpo-si, Simpo-si, Simpo-si (hereinafter “instant damaged building”).

On July 6, 2003, the Defendant leased the said land from the Plaintiff, and followed up a model house (hereinafter “instant model house”) that became a steel-frame sand position panel adjacent to the instant building on the ground.

Since then, the lease term has been extended to July 6, 2013 due to several renewals, but the defendant did not use the model house of this case from around 2009 to 2010.

B. On April 2, 2013, at around 19:00, a fire occurred in the turf of the entrance of the instant model house.

With relatively strong wind of custom 4m/s, the entire model house of this case was rapidly burned, and the damaged building of this case was expanded.

(hereinafter “the instant fire”). As a result, the instant model house was relocated, and part of the damaged building and facilities was destroyed.

C. As a result of the fire site investigation in the Masan fire station, it is presumed that the fire in this case occurred due to a cigarette smoke remaining in the turf turf turf turf turf of the entrance of the model house of this case.

[Reasons for Recognition] Facts without dispute, Gap's statements, Gap's 1 through 3, 9, 10 evidence, Eul's 1 through 2 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Defendant did not take measures, such as installing a sprinker in preparation for fire against the sample house of this case, assigning a manager, and giving flame retardation to the building materials.

Therefore, the defendant shall compensate the lessor for the damages caused by the lease contract between the plaintiff and the defendant pursuant to Article 750 of the Civil Act or Article 19(1) of the lease contract between the plaintiff and the defendant (if the lessee intentionally or negligently damaged the leased property and the facilities within the main building, the lessor

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