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(영문) 서울중앙지방법원 2018.08.01 2017나77673
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff against the defendant A, which corresponds to the amount ordered below.

Reasons

The court's explanation concerning this case is that "A around December 14, 2014" in Section 17 of Section 2 of Section 17 of Section 2 of the judgment of the court of first instance is "A around December 22:31, 2014," and it is identical to the statement in the reasoning of the judgment of the court of first instance except for the cases of Sections 7, 21 through 8, 18 as stated in Section 2 of Section 7 of the judgment of first instance as stated in Section 2 of Section 2 of the judgment of first instance, and therefore, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the cause of the fire of this case is unclear, and it is highly likely to be arising from the outside of the building, and therefore, Defendant A shall be subject to limitation on Defendant A's liability under the principle of fairness. However, there is no evidence to acknowledge that the fire of this case was arising from the outside of the building.

C) The summary of Defendant A’s defense of set-off (1) is as follows: Defendant A’s 305 units (hereinafter “305 units”) of C building located in Silsan-dong, U.S., Silyang-gu, Hayang-si.

(2) In full view of the overall purport of the pleadings, Defendant A’s assertion that the claim for the return of the lease deposit was set off against H’s damage claim against H with the claim for the return of KRW 40 million. (2) In full view of the following: (a) evidence Nos. 8, 23-17, and 9; and (b) evidence Nos. 9; and (c) evidence Nos. 305 from H on May 4, 2014 to H on May 8, 2016: (a) lease deposit of KRW 40 million; (b) monthly rent of KRW 2.2 million (including value-added tax; and (c) lease deposit of KRW 40 million from May 9, 2014 to May 8, 2016.

In light of the following circumstances revealed from the above facts, i.e., the inside of 305 units of the instant fire, and the Plaintiff paid KRW 45,293,812 with respect to the damage related to 305 units of the instant lease contract, which exceeds KRW 40,00,00,000, the lessor, due to the instant fire, shall allow H to use and benefit from the leased object to Defendant A, a lessee.

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