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(영문) 인천지방법원 2017.07.13 2014가합52847
손해배상(기)
Text

1. As to KRW 9,945,351 among the Plaintiff (Counterclaim Defendant) and KRW 3,145,351 among them, the Defendant (Counterclaim Plaintiff) from January 17, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. (1) On July 28, 2011, the Plaintiff was awarded a successful bid for a above-ground factory, warehouse, etc. on two lots outside Seo-gu Incheon, Seo-gu, Incheon, and the Plaintiff divided ownership by specifying buildings, such as A Dong (a single-story factory, 900 square meters), Dong (27 square meters in a warehouse), Dong (27 square meters in a warehouse), and 27 square meters in a mediation body (a warehouse, 96 square meters in a warehouse). The Plaintiff’s husband D and ASEAN operated a wood panel manufacturing business with the Plaintiff’s trade name “F” in Dong, etc.

D. On December 14, 201, the Plaintiff entered into a lease agreement with the Defendant on the leased object (hereinafter “instant lease agreement”) stating that “The lease deposit amount of KRW 5 million, monthly rent of KRW 400,000,000, and the lease period from December 15, 201 to December 14, 2012” (hereinafter “instant lease agreement”) and leased the leased object to the Defendant.

Fidelity After the conclusion of the instant lease agreement, the Defendant occupied and used the leased object for the purpose of the original warehouse while operating the extreme tenant group production business, etc. in the name of “G”.

B. On January 17, 2013, after the instant lease contract was explicitly renewed, a fire occurred from the leased object of this case, and the fire occurred from the leased object of this case (hereinafter “instant fire”). On January 17, 2013, the said fire was extinguishing around 12:28 on the same day.

다. 화재원인에 대한 조사 ◎ 국립과학수사연구원의 조사결과 감정요약

1. In the event of a comprehensive consideration of the burning form in the fire site, the statements of witnesses in the investigation data, etc., referring to the leased object in this case at G original warehouse, which has been installed in a satch.

state in which parts of the back section can be seen as a composition; or

2. 화재 후의 남아있는 잔해에 대한 검사만으로는 발화부에서의 구체적인 발화원에 대한 한정은 불가함 ◎ 인천서부소방서의 화재현장 조사결과 -...

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