(영문) 대구지방법원 2016.07.15 2014가단105001

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(영문) 대구지방법원 2016.07.15 2014가단105001

손해배상(기)

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1. The Defendant: (a) KRW 14,211,841 for each of the Plaintiffs; and (b) 5% per annum from December 18, 2013 to July 15, 2016, respectively.

Reasons

1. Basic facts

A. On April 22, 2002, Plaintiff A leased from the Defendant the 10,000,000 won deposit money and the 800,000,000 won monthly rent of the 2nd floor office and the 40,000 square meters of the 2nd floor of the 2nd floor of reinforced concrete building owned by the Defendant (hereinafter “instant building”). The above lease agreement has been explicitly renewed.

B. The Plaintiffs jointly operated the wholesale and retail business of the audience film, industrial packing materials, etc. from the leased object of the instant case with the trade name “E,” and the Defendant possessed and used the remainder (hereinafter “the part of the Plaintiff’s warehouse”) excluding the portion leased by the Plaintiff A (hereinafter “the part of the Plaintiff’s warehouse”) of the first floor (total floor area of 623 square meters) of the instant building, and engaged in the manufacturing and painting business with the trade name “F of the Plaintiff.”

C. However, on December 18, 2013, a fire (hereinafter “instant fire”) occurred on the first floor of the instant building, and the fire fighting water generated from the said fire, fire fighting heat, and the noise and fire fighters distributed by the fire fighters to extinguish the fire, the fire fighting water owned by the Plaintiffs, which was kept in custody on the leased object of the instant case, was destroyed or damaged by the fire fighting water in an amount of KRW 46,374,191.

The fire of this case is presumed to have been emitted at the lower right side of the middle steel door in the part of the Defendant warehouse, and, as a result of explosion of internal fee, paint, etc. stored in the warehouse, 300 square meters out of the 1st floor of the instant building.

E. The instant building is a old building with approval for use on November 1, 1960 and its front floor is two commercial buildings, and its subsequent building is connected with two parallels of warehouses. The warehouse part is divided into wall partitions, and its entrance is installed separately.

The outside of the building is a concrete, but the inside support stand a tree.

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