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(영문) 의정부지방법원 2015.09.18 2014가합53094
손해배상(기)
Text

1. The Defendant’s KRW 270,933,852 as well as the Plaintiff’s annual rate of 5% from April 17, 2014 to September 18, 2015.

Reasons

1. Basic facts

A. The Defendant is the owner of 197.6 square meters, Na-dong 48.84 square meters, and Da-dong 46.8 square meters (hereinafter “Defendant’s building”).

The Plaintiff, who is the director of the E-Research Institute, used the 490.00 square meters and 355.25 square meters (hereinafter “Plaintiff’s building”) for the warehouse of the said research institute, as a person who is the director of the said research institute.

B. On April 17, 2014, around 04:16, a fire (hereinafter “instant fire”) occurred in a seven-dimensional container installed immediately adjacent to the Defendant’s building, and 620 square meters out of the total floor area of 197.6 square meters in operation among the foregoing container and the Defendant’s building and the total floor area of 845.25 square meters in the Plaintiff’s building were destroyed.

C. On March 12, 2015, F transferred to the Plaintiff the damage claim against the building that the Defendant was entitled to compensation due to the instant fire, and delegated the Plaintiff with the authority to notify the said assignment of claims, and the Plaintiff notified the Defendant of the assignment of claims through the service of a copy of the documentary evidence attached to the preparatory document dated April 15, 2015, and reached the Defendant around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-2, 5, 6-1, 2, and 14, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion inside of the container used as a restaurant (hereinafter “container restaurant”) had electric distribution lines for the use of various electronic equipment, such as TV and air conditioning, and on the floor, there was an electric power-based panel for heating. However, the instant fire occurred due to the electrical factors inside the container restaurant due to the negligence, such as not blocking electricity at the time of the instant fire, etc., and the Defendant’s building adjacent to the container restaurant and the Plaintiff’s building were burned and expanded.

Therefore, the Defendant is liable to the Plaintiff for damages under Article 758(1) of the Civil Act. As such, the instant fire occurred.

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