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(영문) 대구지방법원 의성지원 2018.01.23 2016가합10222
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate of KRW 6% from September 20, 2016 to March 28, 2017.

Reasons

1. Basic facts

A. 1) The Plaintiff is a factory building located in 101, a Gun/Eup/Myeon-ro, Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-do (hereinafter “instant factory building”).

(2) A factory that produces fiber yarns from the Defendant (hereinafter “Plaintiff factory”) is partially leased from the Defendant.

(2) The Defendant, as the owner of the instant factory building, is a company that operated a factory recycling polyethyl materials in the remaining part of the building (hereinafter “Defendant factory”).

B. On July 31, 2016, the Plaintiff entered into a lease agreement and paid a lease deposit amount of KRW 20,000,000 for the instant factory building (hereinafter “Plaintiff factory”) by July 31, 2017, with the Defendant, and entered into a lease agreement with the Defendant as to KRW 250,000 for the lease deposit amount of KRW 20,000,000 for the monthly rent and KRW 2,40,000 for the monthly rent (hereinafter “instant lease agreement”), and paid the Defendant the lease deposit amount of KRW 20,00,000.

C. 1) On the inside of the instant factory building, a wall consisting of a sandd position panel was installed, and on this basis, the Plaintiff’s factory and the Defendant factory were separated. (2) On September 19, 2016, around 01:50, a fire occurred in the instant factory building (hereinafter “instant fire”). Accordingly, the machinery, facilities, office fixtures, movables, movable property, etc. inside the Plaintiff factory were destroyed by flame and chrodism, and the operation of the Plaintiff factory was suspended.

1) We agree with the National Scientific Investigation Agency on the fire of this case that it is impossible to grasp the specific combustibility of combustion due to the alteration of the shape of a fire site, the process of extinguishing fire, etc., and that it is impossible to estimate the specific cause of combustion or the point of combustion because the unique characteristics on the electrical ship cannot be known. 2) The first discovery of the fire of this case, the status of the fire, and the state of the fire.

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