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(영문) 의정부지방법원고양지원 2016.06.16 2015가단84398
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 64,872,421, and KRW 5% per annum from January 17, 2015 to June 16, 2016, and complete payment from the following day.

Reasons

. Recognizing that the amount of damages should be recognized;

According to the evidence Nos. 5,718,166, Gap evidence Nos. 5 and 7, the plaintiff purchased books, chairs, etc., and paid KRW 17,050,00 at the expense. However, it is somewhat difficult to recognize that 125 and 93 of the above goods were damaged by the fire of this case, considering the size of the fire of this case, the size of the building of this case, and the size of the building of this case, etc., the plaintiff's purchase amount of the above goods cannot be recognized as damages caused by the fire of this case.

However, the fact that the fire or the fire of this case has been damaged due to the removal of the books, chairs, etc. is recognized, but it is difficult to calculate the specific quantity. Therefore, 1/3 of the total purchase price of KRW 17,050,000, the total purchase price of KRW 5,718,166 is recognized as the amount of damage caused by the fire of this case.

Conditional Damage (Temporary Damage): 5,795,130 won (the unit price for urban daily wage of KRW 87,805* 22 days * 3 months) The Plaintiff asserted that the tax base for the first half of 2015 was reduced by approximately KRW 8,00,000 compared to the average amount of the tax base for the first half of the year and the second half of 2014, the previous fire of this case, and that the said amount was a non-business suspension damage for about three months from the date the fire of this case occurred to April 2015, but the actual sales itself cannot be the same as the actual business profit, and there is no sufficient evidence to recognize the amount of the Plaintiff's actual business profit.

In addition, in calculating the lost income of a person who runs a private business, it shall be calculated according to the ratio of the profit portion based on the personal contribution of the corporation's owner, which is included in the profit of the corporation, based on the income actually earned, unless there are special circumstances. However, the total income amount of the company's business to measure the personal contribution or labor value of the actual income amount, and the necessary expenses, etc. are recognized.

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