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1. The Defendant’s KRW 11,654,38 for the Plaintiff and its related KRW 5% per annum from January 10, 2014 to November 17, 2015, and the following.
Reasons
1. Basic facts
A. Two-story buildings (in the registration record, indication is made: 561.52 square meters of the first floor factory of the first floor of the ground steel frame sloping roof on the ground; hereinafter “the instant building”) located in Busan Seo-gu, Busan, are owned by D.
B. On February 14, 2013, the Plaintiff run wholesale and retail business, such as group uniforms, in the name of “E” among the instant buildings by leasing No. 103 (hereinafter “E”) from D, and the Defendant leased one column from D to “F” among the instant buildings, and operated industrial safety facilities and miscellaneous materials wholesale and retail business with the name of “F”.
C. Between the instant store and the “F” store, the store is located in the name of “G”.
On January 10, 2014, a fire (hereinafter “instant fire”) occurred within the F store (hereinafter “F”). The instant fire was accumulated in the group clothes, etc. where B and B were in the instant store, thereby making it impossible to sell them normally.
[Based on recognition] Each entry and video of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleading
2. Occurrence of liability for damages;
A. The possessor is in the primary responsibility to the possessor who actually occupies and manages the damage resulting from defects in the installation and preservation of a structure. The possessor shall not be exempted from liability unless he proves that he/she has not neglected due care necessary for the prevention of the damage.
(2) The construction and maintenance defects of a structure refer to defects in the construction and maintenance of a structure in a state of lacking ordinary stability according to its use. The construction and maintenance of a structure are obliged to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.