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(영문) 의정부지방법원고양지원 2019.04.17 2017가단93433
손해배상(기)
Text

1. The Defendant’s KRW 4,368,80 for the Plaintiff and its related KRW 5% per annum from November 28, 2015 to April 17, 2019.

Reasons

1. Facts of recognition;

A. On May 31, 201, the Plaintiff entered into a lease agreement with the Defendant on May 31, 201, setting the first floor D (hereinafter “instant store”) of the Seongdong-gu Seoul Building (hereinafter “instant building”) under the terms of the lease term from May 31, 201 to May 31, 2013, and operated a restaurant with the name of “E”.

B. On June 1, 2015, the Plaintiff and the Defendant newly concluded the instant lease agreement with respect to the instant store: (a) deposit of KRW 80 million; (b) monthly rent of KRW 4.5 million (including value-added tax); and (c) from June 1, 2015 to May 31, 2018 (hereinafter “instant lease agreement”).

C. A fire (hereinafter “instant fire”) occurred in the instant building on November 27, 2015, around 10:57, and a simple warehouse and main room part of the instant building F, and a tent of a hole were destroyed.

In light of the fact that the Do Police Agency Scientific Investigation Team's key part of the main part of the building F of this case, the fire of this case was first launched inside the above ceiling, when taking into account the fact that the scams are distinguished from the upper part of the wall body inside the upper part of the main part of the building of this case.

E. On the other hand, the instant building was closed on January 27, 2016, on the ground that the instant building was destroyed or lost after the occurrence of the instant fire.

F. G, who leased the F title of the instant building from the Defendant, is the lessor’s lawsuit seeking compensation for damages incurred by the instant fire against the Defendant, the lessor (hereinafter “Seo-gu District Court’s senior branch court”)

(2) On November 3, 2017, the Defendant, a lessor, had a duty to maintain the leased object as necessary for the use and profit-making of the leased object, such as removing any defect in the electric power line of the instant building F, but was negligent in doing so, thereby causing damage to G. Therefore, the Defendant shall be liable for damages incurred to G due to the said fire.

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