beta
Text
1. As to Plaintiff A’s KRW 426,94,160, and KRW 7,00,000 to Plaintiff B, and each of the said money from February 3, 2015 to February 2017.
Reasons
1. Basic facts
A. On December 7, 2013, Plaintiff B owned two vinyls on D’s ground, and leased 1 264 square meters (hereinafter “the instant first vinyl”) among them to Plaintiff A on December 7, 2013, and the remainder of 1 264 square meters per annum (hereinafter “the instant two vinyls”). The instant first and second vinyls were combined, and each of the instant vinyls was used for residential purposes.
Plaintiff
A has used the first plastic greenhouse of this case as a warehouse that keeps factory machinery.
The Defendant leased from E a plastic greenhouse of F 1 264 square meters and operated a factory in the name of “G” at a place adjacent to each of the instant plastic greenhouses.
B. On February 3, 2015, the Defendant caused a fire (hereinafter “the instant fire”) by putting trees in a wooden boiler in the said “G greenhouse,” and putting the boiler into the boiler with a fire attached thereto, opening the air conditioning apparatus of the said boiler, resulting in the Defendant’s fire on the wind where inflammable substances, which were heated around the said boiler and the stoves, were emitted.
The instant “G” greenhouse was laid down due to the instant fire, and as the said fire spreads, each of the instant greenhouses and their inner storage equipment, factory machinery, etc. located in the neighboring site was destroyed.
C. As above, the Defendant issued a summary order on the ground that the boiler violated the duty of care to manage it so that the air control season of the boiler was not overheated, and applied for formal trial on the ground that the fire of this case occurred. However, this court sentenced a fine of KRW 7 million on July 22, 2015 (2015 High Court Decision 782), and the said judgment became final and conclusive around that time.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 4, 6 through 8 (including the branch numbers for those with a serial number), Gap or 1, and the purport of the whole pleadings
2. The plaintiff A's claim.