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(영문) 서울고등법원 2016.11.17 2016나8444
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. (1) On May 2013, the Plaintiff entered into a lease agreement between the Plaintiff and Han-dong, etc. (hereinafter “instant store”) among the part of “D store” (hereinafter “instant store”) among the 3rd floor neighborhood living facilities on the southyang-si, Namyang-si, the Plaintiff from Hanyang-si and Han-dong

) A container warehouse located in and around the area (hereinafter referred to as “instant warehouse”).

(2) A lease deposit was reduced to KRW 30 million, monthly rent of KRW 4 million, and KRW 2 million. A lease agreement was concluded to rent the instant store for a period from June 1, 2013 to 24 months. Accordingly, the Plaintiff used the instant store as a place of business, and used the instant warehouse as a storage facility for business purpose, and operated the business of issuing and selling clothes.

B. On or around July 2014, Han-chul Co., Ltd. (hereinafter referred to as the “Defendant’s registered metal”) in order to repair water leakages generated in the instant warehouse around July 2014.

3) The repair work of the warehouse of this case (hereinafter “instant repair work”).

(2) On July 4, 2014, at around 16:40, Defendant B, who is a worker of Defendant Plave metal, avoided tobacco in front of the warehouse of this case and thrown the cigarette butts at the waste storage yard without properly verifying that the cigarette was not cut out. The first generation of the cigarette but was moved to the nearby garbage container, and the fire that was turned out at the beginning of the cigarette but turned out to the nearby garbage container, was the wind coming to the warehouse of this case until the warehouse of this case, most of the inventory goods owned by the Plaintiff, which were stored inside the warehouse of this case, were destroyed or damaged to the extent that the product value would be lost almost.

(hereinafter “the instant fire accident”). C.

Defendant B’s criminal proceedings against Defendant B and Defendant B’s District Court on September 22, 2014 regarding the instant fire accident.

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