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(영문) 서울중앙지방법원 2019.08.09 2019가단5060253
구상금
Text

1. The Defendant: KRW 78,204,612 for the Plaintiff and KRW 5% per annum from November 13, 2018 to August 9, 2019; and

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. According to Article 3(1) of the Act on the Liability for Loss of Reasons for Partial Dismissal, in the absence of gross negligence on the part of a fire, a claim for reduction of the amount of damages may be filed. Article 3(2) of the same Act provides that the amount of damages may be reduced by taking into account the cause and scale of fire, the subject and degree of damage, the cause of spread of combustion and damage, the endeavor of the firer to prevent the expansion of damage, the economic condition of the damage obligor and the victim, and other circumstances to be considered in determining the

On the other hand, gross negligence referred to in the above law refers to a situation where, without due care to the extent required of ordinary people, it is difficult to easily anticipate the result of illegal and harmful acts even though it is likely to have easily predicted.

In full view of the cause and scale of the instant fire, the degree of negligence of the Defendant, the subject and degree of damage, the cause of expansion of combustion and damage, and all other circumstances revealed in the pleadings of this case, including the fact that the instant fire appears to have been burned out due to the lack of fire-fighting systems, which are acknowledged by comprehensively considering the purport of all the arguments presented by the Plaintiff, it is reasonable to limit the liability for damages to be borne by the Defendant to 80%.

Therefore, the defendant's indemnity amounting to KRW 78,204,612 (i.e., KRW 97,755,766 x KRW 80 %) and the defendant's objection to the existence and scope of the obligation from November 13, 2018, which is the day following the payment of the final insurance money.

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