(영문) 수원지방법원 2020.02.04 2018가단541666

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Reasons

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크기(pt)

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자간(%)

(영문) 수원지방법원 2020.02.04 2018가단541666

손해배상(기)

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1. As to KRW 32,562,584 and KRW 29,562,584 among the Plaintiff, Defendant B’s year from March 29, 2017 to September 5, 2018.

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of Gap evidence Nos. 1 to 4, Eul evidence Nos. 2 to 5, the result of the entrustment of appraisal to appraiser D and the purport of all pleadings.

A. On October 15, 2014, the Plaintiff entered into a lease agreement with E (the 1,000,000, monthly rent of KRW 200,000, and the period from October 15, 2014 to October 14, 2017, under which the Plaintiff entered into a lease agreement on part of the first floor of the building on the second floor of the 2nd floor area F in the wife population (hereinafter “instant building”) owned by the Plaintiff to E.

(B) The lease contract established by the preparation of the above lease contract is "the lease contract of this case".

On December 3, 2016, around 04:25, a fire occurred in a toilet of the leased object of this case (hereinafter “instant fire”) and all the first floor and part of the second floor of the instant building were destroyed.

C. At the time of the instant fire, Defendant B, the mother of E and E, was located in the leased object of this case, and there was the Plaintiff on the second floor of the instant building.

In this case, water in plastic spons, where the toilet installed in the toilet for the subject matter of the lease of this case had been operated for a long time, shall be raised and heated, and due to that, the occurrence of a fall due to the destruction of smoke from the electric power source line of the instant fire is presumed to have occurred.

E. At the time of the fire investigation by the police, the plaintiff and the police assigned the defendant B as the lessee of the leased object of this case, and the defendant B did not raise any objection against this.

F. At the time of the fire of this case, the first floor of the building of this case had the leased part in addition to the leased part of this case, and the second floor of the building of this case was used as the Plaintiff’s residence.

2. As to the claim against the defendant B

A. Defendant B is practically independent of the lease of this case.

유사 판례

-수원지방법원 2020.02.04 2018가단541666

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-인천지방법원부천지원 2014.06.11 2013가합5953