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(영문) 대전지방법원 2018.08.23 2017가단6044
손해배상(기)
Text

1. The Plaintiff:

A. The Defendants jointly share KRW 1,621,822 as well as the amount from January 25, 2017 to August 23, 2018.

Reasons

1. Basic facts

A. On January 7, 2016, the Plaintiff entered into a lease agreement with Defendant B and Defendant B on the first floor (hereinafter “instant store”) of the E-si Building Fdong owned by Defendant B (hereinafter “instant building”) with the terms of lease deposit of KRW 50 million, monthly rent of KRW 2 million (excluding value-added tax), and from February 3, 2016 to February 2, 2018 (hereinafter “instant lease agreement”). On February 3, 2016, the Plaintiff paid lease deposit of KRW 50,000,000 to KRW 50,000,000,000 from the instant store and operated a restaurant “H” with the delivery of the instant store.

B. According to the instant lease agreement, a lessor is required to designate a management company, and accordingly, the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) with the husband of Defendant B as the in-house director manages the instant building, and Defendant D was employed by the Defendant Co., Ltd. and served as the managing director of the instant building.

C. On January 24, 2017, at around 06:53, a fire (hereinafter “instant fire”) occurred inside the instant store, and the facilities, equipment, food, etc. were removed.

The fire of this case is presumed to have been first launched at four times inside the store.

The Chungcheongnam-gu Police Station and the National Scientific Investigation Institute, which investigated the cause of the instant fire, estimated the first accident from the electric source code of the U.S. to be an electrical factor, but the accurate cause of the fire is not known, and there was a business-based statement to the effect that the Chungcheongnam-gu Fire Station had made an electric panel at least four times at the inside of the instant shop, and that the point was changed and the point was dissipated and the point was dissipated, and thus, it would be determined as a fire by the heat with the electrical panel.

On the other hand, according to the results of the identification of the National Institute of Scientific Investigation, it is presumed that the results were generated at four times inside the store of this case, and it is impossible to find out the exact cause of the fire in the samples received.

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