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(영문) 서울중앙지방법원 2020.02.12 2019나18999
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. As between D and April 18, 2014, the Plaintiff entered into a fire mutual aid agreement with the beneficiary with respect to the entire building located in the 2nd floor E (26.41 square meters, 226.41 square meters, 193.67 square meters, 2nd floor, 193.67 square meters, hereinafter referred to as “instant building”) located in the Gu of Busan, Seo-gu, Busan, (hereinafter referred to as “D”) and its 1,200 square meters, with respect to the entire building located in the 2nd floor located in D, the period of mutual aid, from April 18, 2014 to April 18, 2015, with the deductible amount of KRW 453,460,000,000.

B. On July 15, 2012, the Defendant leased the commercial part (part 1 floor and 2 floor) of the instant building from D as lease deposit 30 million won, monthly rent 2.5 million won, and lease 2.5 years from July 15, 2012, the Defendant operated a restaurant with the trade name of F cafeteria (g; hereinafter “instant cafeteria”). The remainder (part 1 floor) of the instant building was used as a house.

C. From March 13, 2015 to March 13, 2015, a fire occurred on the first floor of the instant building (hereinafter “the first fire”) and its cause is presumed to be the short circuit of electric wires connected to the satisfaction located on the restaurant part of the first floor of the instant building.

After the occurrence of the first fire, the fire officer called the first fire and carried out the first fire extinguishing work, and the fire officer took the fire, and the second fire was caused by the second fire on the first floor of the instant building at around 05:30 on the same day.

And due to these first and second fires, the whole inside and part of the outer walls of the building 1, 2, and 10 were destroyed by fire.

(hereinafter referred to as the “instant accident”) No. 4.

After the accident of this case, the defendant shall restore the building of this case (cafeteria, entire building) damaged by the accident of this case to its original state, and if the defendant pays necessary expenses to the non-party J, who is the children of D, the J agreed to implement the restoration work.

hereinafter referred to as the "agreement of this case"

Accordingly, the defendant from around that time to J.

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