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(영문) 수원지방법원 2020.07.10 2019가단567559
손해배상(기)
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On January 30, 2015, Plaintiff A entered into a lease agreement with the Defendant on the lease of a land-based and E-ground factory (hereinafter “each of the instant factories”) with a deposit amount of KRW 10,000,000, monthly rent of KRW 1,700,000, and from January 31, 2015 to February 15, 2020, and operated each of the instant factories from around that time.

B. Meanwhile, the Defendant, after each of the instant factories, installed a groundwater pumps in order to draw groundwater from the underground water pumps to the adjacent ones, and used the electric lines to the relevant pumps code.

On July 8, 2019, at around 14:40, a fire (hereinafter “instant fire”) occurred on the electrical line, and the facilities installed within each of the instant factories (hereinafter “instant facilities”) were destroyed by fire.

C. The Defendant was indicted on October 25, 2019 by Suwon District Court Decision 201Da18969, which received a summary order of KRW 10,00,000 from the above court on December 2, 2019, and the said summary order was finalized on December 21, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 5, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiffs 1) at the time of the occurrence of the instant fire, Plaintiff A installed and used the instant equipment at each plant of this case. The current status of the instant equipment is as indicated in the facility list (attached Form). However, given that the instant equipment was destroyed due to the instant fire, the Defendant is obligated to compensate the Plaintiff A for the damages incurred by the Plaintiff out of the facility value of the instant equipment indicated in the said list that the Plaintiff suffered from the instant fire. Meanwhile, Plaintiff A, on February 18, 2019, from Plaintiff B Co., Ltd. (hereinafter “Plaintiff”) (hereinafter “Plaintiff Company”).

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