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(영문) 서울중앙지방법원 2014.03.28 2013가합506735
손해배상(기)
Text

1. Defendants B, C, D, E, F, G, H, I, and J are jointly and severally liable to the Plaintiff for KRW 26,404,70,00 and the aforementioned amount from August 21, 2013 to August 2014.

Reasons

1. The following facts do not conflict between the parties, or are recognized by comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, 3, 7, 16, 26, and Eul evidence Nos. 1, 3, 5, 6, 7 (including each number), 1, 3, 5, 6, and 7 (including each number):

A. The relationship between the parties is a person who operates the manufacturing factory of the counter-building located in Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant building”) and the first floor 12 (hereinafter “L”). Defendant B, C, D, E, F, G, H, I, and J (hereinafter “Defendant lessor”) are the lessor of the instant shop, and Defendant B, C, D, E, G, H, I, and C (hereinafter “Defendant B”) are the lessor of the instant shop. Defendant C, C, E, F, H, I, and Defendant C, C, Inc. (hereinafter “Sulco”) is a person entrusted by the Defendant lessor with the duties of maintaining the facilities, protecting the safety, providing guidance, and sanitation management of the instant building.

B. On February 10, 2013, from the inside of the instant building, the instant fire occurred on or around 02:05 (hereinafter “instant fire accident”). Accordingly, the instant factory and the machinery, raw materials, etc. owned by the Plaintiff, which were located therein, were considerably destroyed.

2. Judgment on the main argument

A. The gist of the Plaintiff’s assertion is that the instant fire accident was caused by the fire or fire of the elderly who intruded into the instant building without permission, on the premise that the Defendant lessor neglected to maintain the conditions necessary for the use and profit-making of the instant factory by neglecting the elderly’s unauthorized intrusion and occupation, and neglecting the repair duty to the Plaintiff, and the Defendant Bulco neglected to manage the instant building by preventing the elderly from entering the instant building. As such, the instant fire accident occurred due to the Defendant lessor’s breach of the repair duty and negligence in the management of the instant building due to the Defendant Bulco’s negligence, the lessor is liable for nonperformance, tort, and employer’s liability.

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