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(영문) 서울남부지방법원 2018.07.12 2017가합107354
손해배상(기)
Text

1. The Defendant’s KRW 985,885,966 among the Plaintiff and KRW 927,885,966 among the Plaintiff, shall be KRW 8,00,000 from May 23, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of manufacturing and selling a water distribution team, and the Defendant is an individual entrepreneur who runs the business of manufacturing and installing steel structures, tents, etc. with the trade name of C.

B. 1) On May 22, 2017, the Defendant is a warehouse with the Plaintiff’s factory located in Pyeongtaek-si on May 22, 2017 at the request of D, which was contracted with the Plaintiff to install windows (hereinafter “instant warehouse”).

(2) The construction of windows in the instant case (hereinafter referred to as “instant construction”).

A) During the process, F, the daily worker employed by the Defendant, and G, the fire was generated in the warehouse of this case, as the flames were protruding to the open cover of the warehouse (hereinafter “instant fire accident”).

2) The fire accident of this case destroyed the instant warehouse, and part of the warehouse was destroyed and stored in the warehouse of H Co., Ltd. (hereinafter “H”) located adjacent to the instant warehouse, resulting in damage, such as damage.

C. On May 30, 2017, the Plaintiff paid KRW 50 million to H under the pretext of advance payment for compensating for damages caused by the instant fire accident. 2) On December 22, 2017, H filed a lawsuit against the Plaintiff seeking payment of KRW 208,537,135 and its delay damages (U.S. District Court Decision 2017Ga3050), and the Plaintiff paid KRW 90 million to H, and among them, KRW 50 million to be paid by June 30, 2018, and KRW 40 million to be paid by July 31, 2018 (hereinafter “instant mediation”).

(U.S. 2018 Ss. 52850). 3 The Plaintiff, according to the instant conciliation, paid KRW 50 million to H on June 29, 2018.

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