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(영문) 서울중앙지방법원 2017.11.28 2016가단5303232
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 14, 2014, the Plaintiff entered into a contract with B to provide chemical supply (hereinafter “instant mutual aid contract”) with the deductible amount of KRW 1,326,062,805, as the period of mutual aid between April 14, 2014 and April 14, 2016, as the building 2,021.4 square meters of the building Nos. 1 and 1st floor in Ulsan-gu, Ulsan-gu, and Ulsan-gu, and 1,021.4 square meters of the mutual aid amount (hereinafter “instant building”).

B. The Defendant was a lessee who leased approximately 110 square meters of the first floor and approximately 100 square meters of the instant building from B, and used approximately 100 square meters of underground as a fishing warehouse.

C. On August 18, 2014, at around 12:10, a fire (hereinafter “instant fire”) occurred in a fishing warehouse of approximately 100 square meters underground leased by the Defendant (hereinafter “instant warehouse”) among the instant buildings, and B suffered damage due to the wall, ceiling materials, flooring materials, windows, electric facilities, etc. inside the first floor of the instant building.

Under the instant insurance contract, the Plaintiff paid KRW 73,937,195 to B on November 17, 2014.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the instant building was destroyed by fire, which led to which the Defendant, the lessee, was unable to perform the obligation to return the leased object under the instant lease agreement, and the nonperformance was not attributable to the lessee’s cause attributable to the lessee, the Defendant is liable to compensate B, who is the lessor, for damages incurred therefrom, and shall comply with the Plaintiff’s claim for reimbursement that paid the insurance money to B.

B. The Defendant’s assertion that the instant fire was destroyed by electrical causes in the ceiling line of the warehouse of this case. The point of origin is part of the building structure, and the repair, maintenance, and management responsibility for this is against B, a lessor. Thus, the instant fire was caused by the cause attributable to B, a lessor.

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