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(영문) 서울중앙지방법원 2018.09.06 2017가합585903
손해배상(기)
Text

1. The Plaintiff:

A. As regards Defendant B’s KRW 417,108,930 and KRW 368,50,000 among them, Defendant B shall be from December 22, 2017, and KRW 48,608.

Reasons

Facts of recognition

On July 30, 2013, the Plaintiff leased to Defendant B the land C and three factories on the ground thereof (hereinafter referred to as the “instant factory”) with the lease deposit of KRW 30 million, monthly rent of KRW 30 million, and from July 30, 2013 to July 30, 2015, the Plaintiff transferred the instant factory to Defendant B on the same day.

Since then, the above lease agreement was implicitly renewed between the Plaintiff and Defendant B, and the Plaintiff and Defendant B entered into a lease agreement with the content that the above lease agreement was modified on March 1, 2017, to increase the monthly rent to KRW 3.5 million per month, and to extend the lease term to March 1, 2019.

(hereinafter “The lease of this case”). From July 30, 2013, Defendant B was supplied with an original set of “D” in the name of “D” at the instant plant from July 30, 2013, and engaged in the business of processing and delivering it.

Around February 2016, Defendant KB Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into a fire insurance contract (hereinafter “instant insurance contract”) with Defendant B regarding the instant factory from February 14, 2016 to February 14, 2019 with respect to the insurance coverage amounting to KRW 600 million (including KRW 70 million in building, machinery: KRW 20 million in building, KRW 10 million in house, KRW 10 million in movable property: KRW 30 million in movable property, KRW 20 million in facility, KRW 20 million in fire liability security amount), KRW 100 million in fire liability security (hereinafter “instant insurance contract”).

On August 28, 2017, at around 02:29, fire (hereinafter “instant fire”) occurred in the instant plant, and all of the instant plant was destroyed by fire, and all of the equipment, appliances, facilities, and equipment owned by the Defendant B, which were inside the said factory, were damaged by both E (F) and 16 companies, the clients for fiber processing.

The construction costs incurred in newly constructing the factory of this case on the same scale are estimated to be KRW 368,50,000,000,000,000, and the costs incurred in disposing of fire residues caused by the fire of this case are three.

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