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(영문) 의정부지방법원 2020.05.07 2019가단7389
손해배상(기)
Text

1. The plaintiff succeeding intervenor's claim is dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Summary of the plaintiff's successor's assertion

A. The Plaintiff (i.e., withdrawal; hereinafter “Plaintiff”) engaged in the clothing manufacturing business under the trade name of “D”, (ii) received orders from “E” and supplied KRW 9,500 to 650, and (iii) remaining 3,350 (hereinafter “the instant Titts”) at F’s request, and stored in a F-owned warehouse located in “F warehouse” in “E” (hereinafter “F warehouse”).

B. However, on December 12, 2018, from the Defendant-owned warehouse located adjacent to the above FF’s warehouse (hereinafter “Defendant’s warehouse”), the Defendant’s warehouse and F’s warehouse were destroyed due to excessive heat, and the instant tts stored in F’s warehouse were entirely destroyed due to fire.

(hereinafter referred to as “instant accident”). C.

The Plaintiff suffered total damages of KRW 31,825,00 (i.e., Titts 3,350 x unit price of KRW 9,500) due to the instant accident. The cause of the instant accident was attributable to the Defendant’s neglect of duty of care to prevent fire by managing the Defendant’s warehouse, and thus, the Plaintiff was entitled to claim damages of KRW 31,825,000 due to the Defendant’s tort.

However, on December 24, 2019, the Plaintiff transferred the above claim for damages to the Intervenor succeeding to the Plaintiff. Since the Plaintiff’s preparatory brief dated December 30, 2019, stating the same purport, reached the Defendant, the Defendant is obligated to pay the Plaintiff’s Intervenor KRW 31,825,000 and delay damages.

2. Determination

A. On December 12, 2018, the accident of this case that occurred in the Defendant’s warehouse and brought up to FF’s warehouse, and the fact that the instant Titrts were kept in F’s warehouse at the time of the instant accident is not disputed between the parties, or that the fact that the instant accident was caused by the Defendant’s warehouse is not in dispute between the parties, or is recognized by adding the entire purport of the pleadings to the statement or image of evidence Nos. 1 through 5, and witness F’s testimony.

B. However, each of the above.

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