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(영문) 대구지방법원경주지원 2015.08.21 2014가합2501
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 6 (including paper numbers) and the whole purport of the pleadings:

The plaintiff is the owner of the land and the building on the ground (hereinafter referred to as "the building in this case") of the Modern-dong, Dong-si.

B. On January 10, 201, the Plaintiff leased 3,000 square meters of the instant building (hereinafter “instant leased part”) to the two companies, Inc. (hereinafter “Baol Commercial”) for a fixed term of two years.

At that time, the second generation has paid the lease deposit to the Plaintiff and used the leased portion of this case as a logistics warehouse, etc.

C. On August 18, 201, a fire occurred on August 18, 201, around 00:50, the entire building was destroyed by fire, and machinery, equipment, etc. inside the building was destroyed by fire.

(hereinafter “instant fire”). D.

On the other hand, on October 5, 2012, the Defendant merged the two companies.

2. In light of the purport of the Plaintiff’s assertion, A et al., an employee of the second floor of the second floor of the instant building at the time of the occurrence of the instant fire, and the shape and degree of the collapse of the instant building, etc., the first extinguishing of the leased part of the instant building used by the second floor of the second floor of the instant building used by the second floor of the second floor (the Plaintiff’s second floor of the leased part of the instant building, the seat of the leased part of the instant building was between the third floor and the second floor column of the instant building).

Therefore, this case’s fire occurred due to the lessee of the leased part of this case’s failure to perform his duty of due care as a good manager with respect to the preservation of leased object, and accordingly, the obligation to return the leased object of this case’s second class was impossible. Accordingly, the Defendant is liable to compensate for KRW 1,553,885,315 of the amount of damages not compensated as insurance money out of the damages suffered by the Plaintiff.

3. Determination

(a) The descriptions of Gap evidence 9-1 to 4, and the testimony of the witness B;

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