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(영문) 대구지방법원 2015.08.21 2014가단3259
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 40,000,000 to the Defendant (Counterclaim Plaintiff) and its payment from October 1, 2014 to the date of full payment.

Reasons

1. Basic facts

A. (i) On April 16, 2012, the Plaintiff: (a) determined and leased to the Defendant the deposit amounting to KRW 40,000,000, and the period from April 16, 2012 to April 15, 2014, 1,50,000 for each of the above buildings (hereinafter collectively referred to as the “instant buildings”) as to the Plaintiff’s building of 1,137 square meters and 99 square meters of the lightweight structure and the 1st, 137 square meters of the land owned by the Plaintiff; and (b) the building of 1st,00,000 square meters of the 1st,00 square meters of the 1st,00 square meters of the lightweight structure and the 1st,00,000 of the 1st, separately

Luxembourg The Defendant operated D, which is the retail store of the iron tools, in the instant building leased.

B. (i) On October 15, 2013, when the term of the instant lease agreement was concluded, a fire, the cause of which is obscure to be presumed to have been first launched from the right side of the instant building (the wall of the building), including the occurrence of a fire, etc., and most of the instant buildings were destroyed due to the instant fire.

Dod the National Institute of Scientific Investigation (Supplementary Scientific Investigation Institute) made it clear that the results of the investigation and appraisal of the fire of this case were as follows.

- In light of the fact that the front right part of the building of this case is relatively seriously burned, and the first witness (F called the "E" employee of the security business of the building of this case) tried to extinguish into the fire site of this case, it is possible to limit the first fire to the front part (the wall of the building of this case) after the right part of the building of this case, considering that the first witness (F called the "E" employee of the security business of the building of this case) attempted to extinguish into the above right part: Provided, That the first fire of this case is composed of sand position board, which can be limited to the point of combustion, and the second part of the building of this case is physically burned along with the tent installed adjacent thereto, so it is difficult to distinguish whether the first part of the fire of this case is the outer part of the upper part of the building of this case after the building of this case. In addition, it is also difficult to distinguish the right part of the building of this case.

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