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(영문) 광주지방법원 2017.02.17 2015가합3626
손해배상(기)
Text

1. Defendant B’s KRW 222,165,148 as well as 5% per annum from October 15, 2015 to February 17, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff as the parties had operated the clothing store (hereinafter “instant store”) under the trade name “E” in the Dong-gu Seoul Special Metropolitan City D ground building (hereinafter “instant building”) with the purpose of clothes, shoes, miscellaneous sales, wholesale sales, etc. The Plaintiff operated the instant restaurant (hereinafter “instant restaurant”) with the name of “G” on the second floor of the instant building, and the Defendant B (F: the name prior to the name of the instant building) operated the instant restaurant (hereinafter “instant restaurant”) with the name of “G” on the second floor. The Defendant C is the husband of the Defendant B.

B. (1) On October 20, 2010, H leased from co-owners of the instant building one story of the instant building by setting the lease deposit of KRW 100,000,000, monthly rent of KRW 7,000,000, and the lease period of KRW 5 years, respectively.

H, on June 24, 2013, invested all property related to the above lease and established the Plaintiff and took office in the representative director.

On October 1, 2014, the Plaintiff entered into a lease agreement with co-owners of the instant building on the same basis as the leased object, the lease deposit, and the monthly rent, while the lease agreement was between October 1, 2014 and September 30, 2017.

(2) On April 29, 2013, Defendant B leased, respectively, the second floor of the instant building from co-owners of the instant building, 50,000,000 square meters, monthly rent of KRW 1,80,000, and the lease period of KRW 1,80,000, from April 28, 2013 to April 27, 2015.

On May 1, 2013, Defendant B registered his business with the trade name "I store" and changed his trade name to "G" while operating the instant restaurant.

C. A fire occurred on May 26, 2015, and around 22:40, due to the fall of the rupture, electric power supply lines installed in the kitchen of the instant restaurant (hereinafter “instant fire”), the instant store destroyed most of the fire and collapsed, and the instant house was destroyed on the side of the kitchen of the instant restaurant and adjacent thereto.

(1) As a result of the investigation of the instant fire, the National Scientific Investigation Institute.

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