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1. As to each of the Plaintiffs’ KRW 1,66,66 and each of them, 5% per annum from September 27, 2016 to May 15, 2018.
Reasons
1. Basic facts
A. The deceased F (hereinafter “the deceased”) entered into a contract under which the Defendant leased the instant housing unit G ground (hereinafter “instant housing”) in Suwon-si, Suwon-si, Suwon-si, Suwon-si (hereinafter “the Defendant”) at KRW 5,000,000, monthly rent of KRW 400,000 (hereinafter “the instant lease contract”), and paid the Defendant KRW 5,00,000,000, and thereafter, operated and resided in the instant housing unit with the inspection of “H”.
B. On September 26, 2016, at around 07:58, a fire (hereinafter “instant fire”) occurred in the instant housing, and the Deceased died due to physical corrosion, toxic gas addiction, etc. without evacuation from the outside.
C. The Plaintiffs succeeded to the deceased’s entire property as their children.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, 7, and 8 (each number omitted), and the purport of the whole pleadings
2. The assertion and judgment
A. The instant fire occurred due to the defect in the construction and preservation of the structure in the area controlled and managed by the Defendant, who is the owner of the instant housing, that is, the joint line of the electrical distribution facility (in the indoor boundaries of a ward) in the area controlled and managed by the Defendant. As such, the Defendant is liable to compensate the Plaintiffs, who are the deceased’s heir, for the loss (the deceased’s lost profit, funeral expenses, consolation money, etc.) suffered by the deceased and the Plaintiffs (the deceased and the Plaintiffs) pursuant to Article 758 of the Civil Act.
Accordingly, the Plaintiffs seek partial damages upon the instant claim.
(B) Since the lease contract of this case was terminated due to the fire of this case, the defendant is obligated to refund the deposit to the plaintiffs, who are the inheritor of the deceased, and pay damages for delay. (2) The fire of this case occurred due to the personal care of the deceased, not by the combination of electrical distribution facilities, but by the human care of the deceased. The defendant has the obligation to take protective measures necessary for the installation and management of electrical distribution facilities, such as regularly undergoing the electrical safety inspection.