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(영문) 의정부지방법원고양지원 2019.01.16 2018가단76534
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 2, 2011, the Plaintiff’s view of the instant building in front of the right-hand part of the building on the ground Nadong-dong Building (hereinafter “instant building”) from C at the time of strike as of November 2, 201.

The term “E” was set from November 25, 201 to November 25, 2016, with a deposit of KRW 10 million, monthly rent of KRW 800,000,000, and the term from November 25, 201, and thereafter, the automobile repair center (hereinafter “instant maintenance center”) was operated under the trade name “E”.

The ground plan of the building of this case was under operation of F (hereinafter “F”) on the left-hand side of the maintenance center of this case.

F

B. On December 201, the Plaintiff subscribed to the instant maintenance office for the subject matter of insurance, and the insurance period from December 30, 201 to December 30, 2018.

C. On October 26, 2015, the Defendant acquired ownership of the instant building and succeeded to C’s lessor status.

On August 26, 2017, a fire (hereinafter “the instant fire”) occurred in the instant building, and machinery, equipment, office fixtures, and fixtures, including two vehicles being repaired at the instant maintenance shop, were destroyed by the walls and ceilings, and the walls and ceilings were destroyed by flames and they were destroyed by the end of the same year. The Plaintiff discontinued the business of the maintenance shop by the end of the same year.

E. The Plaintiff received KRW 47,763,630 as insurance money from the instant fire in the said insurance company.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, and 8, and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion that the instant fire occurred due to the electric wires (the inside of the main body of the air carrier) connected to the air exhausters installed adjacent to the instant building owned and managed by the Defendant, and that occurred, and thus, the Defendant is the lessor of the instant maintenance office, who is liable for nonperformance due to the breach of the repair obligation, and its purpose as the owner.

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