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(영문) 수원지방법원안산지원 2019.06.13 2018가합6119
손해배상(기)
Text

1. The Defendant’s KRW 40,731,728 as well as the Plaintiff’s annual rate of 5% from May 10, 2018 to June 13, 2019, and the following.

Reasons

1. On April 12, 2017, by the Defendant’s negligence, the Plaintiff’s goods kept in custody in the instant vinyl were destroyed by the Defendant’s fault in the instant vinyl.

Accordingly, the defendant is seeking compensation for total amount of KRW 238,830,000 and damages for delay as shown in the attached Form.

2. Determination

A. In full view of the purport of the entire pleadings as to the determination on whether to assume responsibility as to the nature of the instant vinyl No. 3-2, on April 12, 2017, the Defendant’s negligence around 09:40, to recognize the fact that the goods owned by the Plaintiff, etc., who were in the instant vinyl, were destroyed by fire, etc., as a result of the instant fire (hereinafter “the instant fire”).

Therefore, the Defendant is liable to compensate the Plaintiff for damages incurred by the instant fire, barring special circumstances.

B. Determination as to the scope of liability 1) In light of the following circumstances, i.e., ① the period of preservation of soft and soft-S is 2 years from the date of production, and the above products are difficult to be deemed to have market value after the lapse of 2 years from the date of production, ② there is no sufficient evidence to deem that the plaintiff suffered damage due to the fire in this case, the evidence alone is insufficient to acknowledge that the plaintiff suffered damage on the above products, and there is no other evidence to acknowledge otherwise. Accordingly, the plaintiff’s claim on this part is not accepted) The amount calculated as 1,00,000 won per disease, calculated as 1,00,000 won per disease, and the amount claimed as 1,00,000 won per disease, 10,000 won per disease, 10,000 won per disease, 301,000 won per disease, 10,000 won per disease, 301,010 won per disease.

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