(영문) 서울중앙지방법원 2017.08.17 2016나45945

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(영문) 서울중앙지방법원 2017.08.17 2016나45945

구상금

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1. Of the judgment of the court of first instance, KRW 114,854,481 against the Plaintiff and the Plaintiff’s aforementioned costs from June 2, 2015 to August 17, 2017.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows; each corresponding part is added to the "Evidence Nos. 5, 16, and 19 (including additional numbers)" to the "Ground for Recognition" of No. 20 (hereinafter referred to as "Ground for Recognition"); and except for adding the judgment identical to the "paragraph 5, 16, and 19 (including additional numbers)" to the "paragraph 7, the last end of the 7th," it is identical to the ground of the judgment of the court of first instance; therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act. 2. 3rd through 6 of the judgment of the court of first instance

On March 24, 2015, at around 19:43, a fire (hereinafter “instant fire”) occurred within the instant office.

Of the instant fire, 7 4 through 8 of the instant building caused damages to each of the instant 7 7 7 7 7 7 1 through 3, and damages to each of the said 7 7 7 7 7 7 7 7 7 8 7 8. However, the 244,545,45 7 160,000 (including the cost of construction work for restoration to its original state) and the cost of repair of KRW 419,045,45 45 16 7 7 7 4 and 3 400 9,500 9,000 165,455 7 1,455 2,000 total of the roof and wall 7 7 7 1 to 3.

【The amount of damages 33,29,337 won” in the third 18th 18th e.g., “amount of damages 419,045,455,455 won.” From the 9th 19th e.g., the judgment of the first e., “amount of damages 419,045,455 won incurred from the instant fire.” Inasmuch as the amount of damages that the Industrial Corporation is liable to compensate for to the Industrial Corporation is KRW 251,427,273, the amount of damages the Defendant is limited to 60% among them, the scope of the Plaintiff’s right to subrogation is 114,854,481 won [1,854,481 won [251,427, 273 won -419,405, - 425, 265], 2765 won], which is the difference between the amount corresponding to the Defendant’s fault ratio and the total amount of damages.

C. Accordingly, the defendant is decided to the plaintiff 114.

참조조문

-민사소송법 제420조

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