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(영문) 대구지방법원 2015.07.08 2014나22947
임대차보증금반환 등
Text

1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who exceeds the amount that orders the following payment concerning the counterclaim.

Reasons

1. Basic facts

A. On June 8, 2010, the Plaintiff leased all the two floors of the building listed in the separate sheet (hereinafter “instant building”) from the Defendant, with the lease deposit of KRW 25 million, and the lease term from June 8, 2010 to June 7, 2012. On the same day, the Plaintiff paid the full amount of the lease deposit to the Defendant and occupied the second floor of the instant building.

On June 7, 2012, the above lease contract was implicitly renewed.

B. A fire (hereinafter “instant fire”) occurred on the second floor of the instant building on February 19, 2013, around 19:40, around the second floor of the instant building (hereinafter “instant building”) and the fire, such as the ceiling, the wall, the artificial structure, the artificial structure, and the office fixtures, etc. inside the second floor of the instant building were destroyed, and the occurrence of the phenomenon, such as the tent, painting, etc. inside the first floor of the instant building.

C. On February 19, 2013, the Plaintiff appeared at work around 18:00, and returned home at around 19:40 of the same day, and the Plaintiff appeared to have a witness to have a fire on the side of the windows of the second floor living room of the instant building.

The fire investigators in Daegu Dong Fire Fighting Station who investigated the site are presumed to be part of the dwelling space in the second floor, and the fire causes could not be excluded from the possibility of fire prevention, electrical factors, mechanical factors, and gas leakage, but they concluded that accurate causes could not be known.

The Scientific Investigation Team of the Daegu East Police Station presumed, as a result of on-site identification, around the kitchen scams around the second floor in the living room, the fire was presumed to be a fire due to electrical causes of small air conditioners and electric scams.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 7 (including branch numbers if there are additional numbers; hereinafter the same shall apply), the fact-finding results on the Daegu East Fire Fighting Center of the court of the first instance, the result of the on-site inspection by the court of the first instance, the result of the on-site appraisal and supplementation of appraiser D of the first instance court, the purport of

2. The parties' assertion

A. The lease agreement between the Plaintiff 1 and the Defendant on the second floor of the instant building is on February 19, 2013.

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