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(영문) 서울중앙지방법원 2020.06.09 2019가단5162692
구상금
Text

1. The Defendant’s KRW 31,784,270 for the Plaintiff and KRW 6% per annum from November 1, 2017 to August 3, 2019.

Reasons

1. Basic facts

A. On April 6, 2017, the Plaintiff entered into a housing fire mutual aid agreement (hereinafter “instant mutual aid agreement”) with respect to the multi-family house located in C and C in Jung-gu, Seoul (hereinafter “instant house”) and the household housing district with the content that the amount of mutual aid subscription to the said house shall be KRW 160,000,000, and the period of mutual aid shall be from March 6, 2017 to March 6, 2022.

B. The Defendant is a lessee of two partitionss on the left-hand side of the ground floor among the instant housing (hereinafter “instant leased”), and around 00:58 on June 10, 2017, a fire occurred in the instant housing, and the instant housing and household tools were damaged or damaged.

(hereinafter “instant fire”). C.

On June 10, 2010:40 on June 10, 2017, the Central Tran Police Station investigated the instant fire, “The Defendant obtained water from the kitchen in the instant leased section and made it possible for him to use TV viewing in his own room in order to make the string of the string in the kitchen, and was forgotten for him. The Defendant’s negligence as above examined that the fire was caused by the string of gas at around 00:58 on the same day, and determined the cause of the fire to be “influent and Combustible-gu adjacent to the fire.”

According to the E Co., Ltd., the amount of damage caused by the instant fire was assessed as KRW 32,059,270, and the Plaintiff paid KRW 31,784,270 (the amount obtained by deducting KRW 275,000 from the amount of damage inflicted on the instant house and household property) to C on November 1, 2017 in accordance with the instant mutual aid agreement.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant received water from the kitchen of the leased part of this case from the kitchen of this case, and made the fire of this case to occur due to the negligence of being forgotten, and the defendant did so to C pursuant to Article 750 of the Civil Code.

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