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(영문) 서울남부지방법원 2018.02.13 2017가단203194
손해배상(기)
Text

1. The Defendants jointly share KRW 150,986,00,000 with respect to the Plaintiff and the period from April 26, 2016 to May 25, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff operates the Seoul Yeongdeungpo-gu Seoul Metropolitan Government D Building Nos. 1111 and 112 (hereinafter referred to as “damage store”) on a lease from its owner, and the Defendant B operates a restaurant with the trade name “H” by leasing the said D Building Nos. 109 and 110 (hereinafter referred to as “explosion store”) adjacent to the damaged store, from F, G, etc. (from March 8, 2016 to March 7, 2018, to lease the said D Building No. 109 and 110 (hereinafter referred to as “H”). Defendant C is an employee employed by Defendant B.

B. At around 16:43 on April 26, 2016, Defendant C opened the rode, which was inedible for cooking, and did not properly control the intensity of gas supply, and as such, Defendant C caused a fire to the damaged store, etc. (hereinafter “the fire in this case”) by negligence by putting the rode into the heat of the rode, putting the fire into a rode, and by putting it out to the rubber pipe inside the rubber pipe for the said ventilation, and then moving the fire to the rubber pipe for the said ventilation pipe, the fire was caused to the damaged store (hereinafter “the fire in this case”).

C. The fire of this case destroyed the property owned by the Plaintiff in the damaged shop and the damaged shop.

According to the Plaintiff’s report on the damage evaluation conducted around November 4, 2016 at the Plaintiff’s request prior to the filing of the instant lawsuit, the Plaintiff was found to have suffered losses, 260,522,526 won as the instant fire (i.e., the damage store’s garrising materials, the ceiling garrising materials, the ceiling garrising materials, the ceiling garrising equipment, the pipe equipment, the fire extinguishing facilities, the amount of KRW 57,24,188 for the restoration to the original state, 104,275,046 for the damage, contamination, fire fighting water, the amount of KRW 49,232,237 for the fire fighting equipment, fire fighting water, and the amount of KRW 10,90,580,378,475 for the damage to the business shuttle facilities, the amount of damage to which the damage was caused by the garrising, contamination, and the amount of damage caused by the noise).

The Plaintiff’s total amount of KRW 109,536,520 as insurance money after the instant fire = Hyundai Marine Fire Insurance from August 65, 2016.

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