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(영문) 서울중앙지방법원 2020.01.17 2017가단5207089
손해배상(기)
Text

1. The Defendants jointly share KRW 10,000,000 with respect to the Plaintiff and 5% per annum from July 13, 2017 to January 17, 2020.

Reasons

1. Algals Co., Ltd. operated Dgals in Gangnam-gu Seoul, Gangnam-gu and 1st floor.

On July 1, 2017, Defendant C entered into a contract to rent gallons with D Co., Ltd. and the aforesaid gallons from July 11, 2017 of the same year (hereinafter referred to as 3,000,000, and expenses for galloning, 400,000) verbally and held a oral brand title event at the same place.

On July 12, 2017, at the above gallon (hereinafter “instant place”), Defendant B’s employees, who participated in the event, carried out the work of “FG” (hereinafter “F works”) in the said gallon (hereinafter “instant site”), and carried out an accident that partly damages H works “H I” (hereinafter “instant accident”) that was installed next to the instant site by fasting the work of “FG” in the said place with actual waterways, etc.

The place of this case is located in one wall in the space of display and rest, and one wall was installed by the tables and chairs in the side of the window, and several works, including F Works and H Works, were installed in the middle space.

With respect to the appraisal commission and inquiry of the market price of this Court, the J Association issued a written appraisal that the market price of F Works and H Works is KRW 8,000,000,000, and that it is impossible to compute the price after the damage.

[Grounds for Recognition: Facts without dispute, Gap 1, 3, 4, 5, results of the commission of appraisal and fact inquiry, the purport of the whole pleadings]

2. Determination

A. The Plaintiff is the representative of the Plaintiff Co., Ltd., and the damaged works are owned by the Plaintiff who is not the Plaintiff Co., Ltd., and there is no material to deem that the said works are owned by the Plaintiff or another person who is not the Plaintiff Co., Ltd., and the overall purport of the pleading is reasonable to determine the damaged works as owned by the Plaintiff.

Defendant B is liable for compensating for damages caused by his employee’s occurrence of the instant accident due to negligence in connection with his duties.

Defendant C.

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