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(영문) 인천지방법원 2021.03.19 2019가합55643
손해배상(기)
Text

1. Defendant D Co., Ltd.: (a) KRW 66,029,789; (b) KRW 43,793,265; (c) KRW 9,054,301; and (d) KRW 9,054,301.

Reasons

1. Facts of recognition;

A. The parties 1) Defendant F owned three Dongs and three plastic houses, including H Dong, I Dong, J Dong, and greenhouse houses (H Dong, I Dong, J Dong) and the roof of the general steel structure board on the land of Nam-gu Incheon Metropolitan City and its ground.

2) On February 22, 2016, Defendant D Co., Ltd. (hereinafter “Defendant D”) leased from Defendant F the said building I Dong (hereinafter “instant building”) and one vinyl, which contacted with the said building (hereinafter “instant vinyl”). The instant building was leased by combining the instant building.

Defendant D used the instant building as a place for the collection of fish, and the instant vinyl was made up of the office of the board structure of the sandbrid board (hereinafter referred to as the “instant office”) inside the said office and used as the office and the main room.

3) From around 2014, Defendant E is in the position of the representative director of Defendant D.

4) While running an information and communications construction business with the mutual name of “K”, Plaintiff A leased a store with a light load-frame roof of the steel structure (hereinafter “K building”) on the south-gu Incheon Metropolitan City L, Nam-gu L, and used it as an office and a material storage.

4) The Plaintiff B, while engaging in the business of manufacturing a sloping and a small wave with the trade name of “M”, leased two plastic greenhouses on the ground of the N in Nam-gu Incheon Metropolitan City, Nam-gu (hereinafter “M plastic greenhouses”), and used them as a warehouse.

5) The Plaintiff C engaged in landscaping, straw, and tegrology construction business with the consent of the Plaintiff B, and used it as a warehouse after forming a sand site board structure inside the M greenhouse with the consent of the Plaintiff B.

B. A fire occurred on October 1, 2018, around 22:45, 2018. A fire occurred in the Southern-gu Incheon Metropolitan City G and three lots of land (hereinafter “instant fire”). As a result, the instant structure, neighboring K buildings, M greenhouses, and articles kept inside the said structure were destroyed.

2) The result of the fire site investigation conducted by the fire department in the Incheon Southern East Fire Station and the legal assessment conducted by the National Scientific Investigation Institute is between the instant building and the office of the instant case.

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