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(영문) 인천지방법원부천지원 2014.06.12 2013가합3858
손해배상(기)
Text

1. Defendant C’s KRW 180,000,000 per annum for the Plaintiff and 5% per annum from October 18, 2012 to June 12, 2014.

Reasons

1. Basic facts

A. On November 18, 2010, Defendant B Co., Ltd. (hereinafter “Defendant Company”) newly constructed a 2-story factory building on D ground (hereinafter “Defendant factory”) on the ground of Kimpo-si, Kimpo-si, Kimpo-si, 201, and thereafter, Defendant C operates a factory that manufactures maternity food using the name of “E” among the 1st floor of the above factory building (hereinafter “Defendant factory”). Defendant C is operating a factory that manufactures maternity food in the name of “E” on July 2011.

On November 11, 2011, the Plaintiff newly constructed a single-story factory of 504 square meters and a single-story factory of 495 square meters (hereinafter referred to as “Plaintiff factory”) adjacent to the Defendant factory, Kimpo-si, Kimpo-si, Kimpo-si, which is located adjacent to the Defendant factory, and operates a factory that manufactures reinforced glass, etc. with the trade name “G” at that place.

B. Defendant C is the above.

After the lease of part of the Defendant’s factory as indicated in the paragraph, the Plaintiff’s factory installed a warehouse at his own discretion to use it as a washing room (hereinafter “clean room”), and the Defendant C’s employee, on October 17, 2012, engaged in the washing work using hexane (axane, C6H14) in the said washing room, resulting in an accident that destroyed the machinery, equipment, etc. in his possession (hereinafter “the instant fire”) as the Plaintiff’s factory was relocated to the Plaintiff’s factory.

C. The Plaintiff suffered damages in total of KRW 256,329,053, including KRW 238,207,462, and operating losses during the repair period, due to the instant fire accident, including KRW 18,121,591.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 13 (including branch numbers if there are additional numbers; hereinafter the same shall apply), the result of appraiser H's appraisal of damages, and the purport of whole pleadings

2. The gist of the Plaintiff’s assertion lies with the Defendants’ negligence as follows.

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