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1. The Defendant: KRW 75,00,000 and the Plaintiff’s annual rate from December 16, 2017 to February 25, 2019.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) owns Fdong, Gdong, and Hdong factories on the land of Seo-gu Incheon, Seo-gu, Incheon and E, and the Plaintiff is engaged in the metal parts processing business with the trade name “K” at the above factory, holding a Jdong factory on the land of Incheon, Seo-gu, Incheon (hereinafter “instant factory”).
B. On December 16, 2017, around 23:49, a fire (hereinafter “instant fire”) occurred on the electric boat line installed in the Hdong factory, which is connected with the power distribution team, and the factory of this case was burned up by fire.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3, Gap evidence 74-3 through 8, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff alleged by the parties concerned that at the time of the fire of this case, the defendant occupied the Hdong factory and managed the power distribution team. Thus, the defendant is a structure possessor under the main sentence of Article 758(1) of the Civil Act, who is obligated to compensate the damage suffered by the plaintiff due to the fire of this case.
As to this, the Defendant asserted that the possessor of the Hdong factory at the time of the instant fire is not the Defendant but L.
B. In light of the following circumstances acknowledged by the Defendant as the occupant of Hdong factory Gap evidence Nos. 5, Gap evidence Nos. 6-1 and 2, and the inquiry reply to the inquiry of the fact to the Seodaemun chief of Seo-gu Incheon Metropolitan City, and the purport of the entire pleadings, it is reasonable to view that the Defendant possessed Hdong factory at the time of the instant fire as the Defendant.
① On October 20, 2017, before the instant fire occurred, C entered into a lease agreement with the Defendant, setting the lease period for Hdong factories as two years from October 20, 2017, and around that time, C transferred Hdong factories to the Defendant.
C and the defendant filed a petition for the telephone damage with the Incheon District Court 2017No. 327 on November 3, 2017 regarding the above lease agreement, and C and the defendant.