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(영문) 서울중앙지방법원 2018.08.14 2017가단5219464
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff leased the Dong-si Building (hereinafter “instant building”) to the Government-si (hereinafter “H”) and operated the non-speed house of “H,” and Defendant F is the owner of the building J of I and I and one parcel of land (hereinafter “the instant warehouse”). Defendant B and C jointly leased the said building from Defendant F to use it as the respective K and L warehouse.

Meanwhile, Defendant B subscribed to the fire liability insurance of KRW 200 million with the insurance coverage period from September 1, 2016 to September 1, 2021 with respect to the warehouse of the above K, which Defendant D Co., Ltd. (hereinafter “Defendant D”), and Defendant C subscribed to the fire liability insurance of KRW 100 million with the insurance coverage period from April 24, 2017 to April 24, 2018 with respect to the warehouse of the L, which he operated.

B. However, around 20:29 on May 3, 2017, a fire that occurred near the warehouse of this case (hereinafter “instant fire”) destroyed the instant building and damaged the goods worth KRW 33,567,323, such as the Plaintiff’s household tools, etc., and were in such fire.

On the other hand, the plaintiff is temporarily residing in other areas after the occurrence of a fire accident, and the rent is KRW 400,000 per month.

C. The circumstances surrounding the site at the time of the instant fire are as shown in the attached Form.

【Unsatisfied Facts, Gap’s evidence 1, 3, 6, Gap’s evidence 8-1, 2, and Gap’s evidence 9, the purport of the whole pleadings

2. Determination:

A. The plaintiff's summary of the plaintiff's cause of action asserted as follows that the defendants are liable to compensate for damages. The plaintiff's goods equivalent to KRW 33,567,323, such as the plaintiff's household effects equipment, were destroyed due to the fire of this case, and the temporary wife was prepared after the fire of this case. The rent is ordinarily attributable to 40,000 won per month.

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