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(영문) 전주지방법원 2015.12.16 2015가합3593
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is a company established for the purpose of manufacturing, wholesale, retail, etc. for office purpose. Plaintiff B is a person who runs the wholesale and retail, etc. of lubric additives under the trade name of “G”, and Plaintiff C Co., Ltd. (hereinafter “Plaintiff C”) is a company established for the purpose of manufacturing, selling, and exporting and importing feed, feed, raw materials, animal medicine, feed additives, and animal feed additives. Plaintiff D is a person who engages in the wholesale and retail, etc. of food with the trade name of “H”, and Plaintiff E is a company established for the purpose of manufacturing and selling medicine and food.

B. Both the Plaintiffs and the Defendant concluded a lease agreement with K Co., Ltd. (hereinafter “K”) which is the owner of the building in the JJ located in Geumcheon-gu Seoul Special Metropolitan City (hereinafter “instant building”) in Seoul Special Metropolitan City, and thereafter, the lessee who moved into the instant building is the lessee.

C. On November 29, 2014, around 18:22, a fire occurred in the instant building, and the instant building was relocated.

(hereinafter referred to as “instant fire”). [Grounds for recognition] There is no dispute, entry of Gap’s evidence Nos. 1 through 13, and the purport of the whole pleadings.

2. The plaintiffs' assertion and judgment

A. Since the instant fire alleged by the Plaintiffs occurred in the part of 826.45 square meters in the warehouse of the first floor of the instant building leased by the Defendant from K (hereinafter “the Defendant’s occupied part”), the Defendant, as the possessor of the structure, bears the responsibility for the defects in the installation or preservation of the structure, and as a result, the instant fire was caused by negligence, and thus, the Plaintiff’s damage caused by the instant fire is liable for tort.

Due to the instant fire, ① the Plaintiff incurred damages from the destruction of movable property, movable property, and public machinery and machinery kept in the Plaintiff’s workplace, and the amount of said damages is KRW 188,341,610, and ② the Plaintiff Company B.

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