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(영문) 수원지방법원 2018.11.21 2017가단517451
손해배상(기)
Text

1. The Defendant: (a) from March 23, 2017 to Plaintiff B, KRW 6,121,00, respectively, and each of them to Plaintiff C, D, and E.

Reasons

1. Facts of recognition;

A. On March 30, 2009, the network A, the owner of the light-to-land Ga-to-land Ga-to-land Ga-to-land Ga-to-land Ga-to-land 115.80m2 (hereinafter the building in this case) agreed on the lease deposit deposit amounting to approximately 10,000,000,000,000,000,000,000,000,000 from March 30, 2009, and the lease period was renewed.

B. On March 23, 2017, the Defendant operated the steel store in the leased part of the instant building. On the other hand, on the other hand, the hack pipe was cut to the hacker, and the fire occurred, and the fire was moved to the hacker, and the entire building of the instant building (the leased part by the Defendant and the part on approximately 77.2m2m, leased by the Defendant) was turned to the hacker, and the fire was burned to another building adjacent thereto.

C. The deceased died on August 6, 2018 in the process of the instant lawsuit, and the deceased succeeded to the shares of the Plaintiff B 3/9, Plaintiff C, D, and E, respectively.

[Evidence: Evidence No. 1 to 5, evidence No. 7 through 10, the absence of dispute, and the purport of oral argument]

2. Determination

A. In a case where a fire occurred in the part of a building owned by a lessor that was partially leased for use and profit-making, and the part of a building that is not a leased building (hereinafter “non-leased part”) was destroyed by that fire, thereby causing property damage to a lessor, the lessee is proven to have committed a contractual breach related to the occurrence of a fire, such as providing the cause of the fire by violating the duty of preservation and management, and there is a proximate causal link between such contractual breach and the damage to the non-leased part, and the damage to the non-leased part constitutes ordinary damages due to such contractual breach, or the damage due to special circumstances that the lessee knew or could have known.

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