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(영문) 창원지방법원거창지원 2016.11.01 2016가단115
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B shall pay 131,072,660 won and a rate of 15% per annum from February 4, 2016 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. Claim No. 1) Defendant B, who worked as an employee at the business entity of Defendant C’s trade name “D” operated by Defendant C, posted a fire in order to incinerate waste from the factory site after July 7, 2015. Accordingly, Defendant B entered the office without confirming that the waste was completely destroyed by the waste, and due to the negligence of such Defendant B, the fire that left the office was destroyed by the building materials, etc., and the three-story buildings on the ground of the E-ground (hereinafter “the instant building”) owned by the Plaintiff in the vicinity of the fire.

2) The fire of this case is deemed to be “the fire of this case” (hereinafter referred to as “the fire of this case”).

2) The Plaintiff suffered damages equivalent to KRW 78,157,50,00 in the cost of repairing the instant building due to the damage to a part of the instant building caused by the instant fire. The Plaintiff suffered damages equivalent to KRW 75,929,700, which is the value of the instant building, due to the damage to the goods located in the instant building.

Meanwhile, Defendant B paid KRW 20,000,000 to the Plaintiff after the instant fire as damages.

3) Therefore, Defendant B is obligated to pay the Plaintiff damages amounting to KRW 134,087,20 [the amount of damages = 154,087,200 won for the repair of a building (=the amount of damages of KRW 78,157,500 for the goods damaged by 75,929,700 for the repair of a building) - the amount of KRW 20,000 for the payment of KRW 131,072,660 for the Plaintiff and damages for delay calculated at the rate of 15% per annum from February 4, 2016 to the date of full payment, which is the day following the day when the duplicate of the complaint in this case was served on Defendant B. (b) The judgment of deemed as applicable provisions of the Civil Procedure Act (Article 208(3)2 of the Civil Procedure Act).

2. Determination as to the claim against Defendant C

A. (1) Defendant B served as an employee at the business entity of “D” operated by Defendant C from June 1, 2015 to July 12, 2015. (2) Defendant B, around 07:30 on July 7, 2015, garbage from the said D office.

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