(영문) 전주지방법원정읍지원 2019.10.02 2019가합2457

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(영문) 전주지방법원정읍지원 2019.10.02 2019가합2457

손해배상(기)

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1. The Defendants jointly committed against the Plaintiff KRW 41,689,100 and KRW 20,000,000 out of the said money, respectively, from January 30, 2019, and from January 21, 201.

Reasons

1. Facts of recognition;

A. At around 05:45 on December 8, 2018, the Defendants: (a) 200 square meters (E was part of a leased and used; hereinafter “instant building”); (b) 140 square meters of the instant building owned by the Plaintiff, and (c) 240 square meters of the instant building (hereinafter “the instant building”) with E, F, and G attached oil to the floor of the building due to the gross negligence of co-ownership, such as: (a) Defendant B collected money previously lent to Defendant C by paying money; and (b) caused fighting; and (c) caused soil contamination; and (d) caused oil to go beyond the petroleum column.

B. The Defendants did not take measures to extinguish fire due to their own negligence but continued fighting by raising money to the outside of the building.

As a result, the entire building of this case was destroyed by fire.

(hereinafter referred to as “instant fire”). [Ground of recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 3, the purport of the whole pleadings.

2. Determination

A. According to the facts of recognition as above, since the fire of this case occurred due to the defendants' gross negligence and the fire of this case owned by the plaintiff, the defendants are jointly and severally liable to compensate the plaintiff for the damages suffered by the plaintiff due to the fire of the building of this case as joint tortfeasor.

B. According to the appraisal of appraiser H of this court’s property damage: ① the remaining value of the building of this case is KRW 18,041,100; ② the cost of disposing of wastes remaining of the building of this case is KRW 12,298,000; ③ the period of five months is necessary for the removal of the building of this case and the construction of the new building; ③ the rent of the building of this case is KRW 270,000 per month; thus, the said new construction period is the sum of the rent of the building of this case’s total value of KRW 1,350,00 ( KRW 270,000 per month x five months). Accordingly, property damage incurred to the Plaintiff due to the fire of this case is KRW 31,689,100 (the remaining value).

유사 판례

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-인천지방법원 2017.11.24 2017가합54318

-전주지방법원군산지원 2014.04.17 2013가단7498