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(영문) 서울중앙지방법원 2016.06.16 2014가합576502
손해배상(화재)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 30, 2009, the Plaintiff, the owner of the instant building on the ground (hereinafter “instant building”) 593-7, Yeongdeungpo-gu, Seoul Special Metropolitan City (hereinafter “the instant lease agreement”) concluded a lease agreement with the Defendant (the contracting owner: the Seowon Kimchi Processing Factory) at the time of the conclusion of the instant lease agreement with a deposit of KRW 15 million, monthly rent of KRW 250,000,000,000 from December 30, 2009 to December 29, 201, and renewed the said agreement by extending the lease agreement from December 30, 2013 to December 29, 201 (hereinafter “instant lease agreement”).

B. As to the use of the instant building, the Plaintiff engaged in the manufacture and sales of clothing, and among the instant buildings, the rest of the first floor store except the instant store leased by the Defendant was used as a store and warehouse for “aftermining (FLAINGO)” and the second floor as a warehouse for clothes.

While running kimchi processing business, the defendant used 4, 5, and 6 as an office, and as a cooling warehouse.

C. (1) On June 25, 2014, around 14:45, the instant fire occurred (hereinafter “instant fire”) at the instant store.

(2) The amount of damage (amount of damage) to the instant building is KRW 17,887,804 and the amount of damage (amount of damage) to movable property (amount of damage) is KRW 2,257,730,675 due to the fire.

Under the fire insurance contract with Samsung Fire, the Plaintiff was paid KRW 945,534,742 out of the total amount of damages of the above building and the movable property damages.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The defendant of the plaintiff's assertion shall raise objection to the plaintiff.

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