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(영문) 서울중앙지방법원 2014.03.20 2013가단157952
구상금
Text

1. The Defendant’s KRW 32,986,847 as well as the Plaintiff’s annual rate from March 30, 2013 to August 22, 2013.

Reasons

1. Basic facts

A. The Plaintiff entered into a long-term comprehensive project mutual aid agreement (hereinafter “instant mutual aid agreement”) with respect to the building on the land outside Seoul Special Metropolitan City, Nowon-gu, and two parcels (hereinafter “instant building”) and the interior joint project parts, such as the attached list, which is a fire mutual aid agreement.

B. On August 31, 2012, the Defendant leased and resided in the instant building at KRW 500,000, monthly rent of KRW 400,000 among the instant building.

C. On November 8, 2012, the insurance period of the instant mutual aid agreement, around 00:35, a fire (hereinafter “instant fire”) occurred in the vicinity of the beds referred to in 403 above (hereinafter “instant fire”) and the inside of 403 fire, and the occurrence of damage, such as the ceiling of the fourth floor corridor and each room, the combustion of the wall, etc.

On March 29, 2013, the Plaintiff paid KRW 32,986,847 to B as mutual aid money in accordance with the instant mutual aid agreement, via a claim adjustment by the adjuster.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to Gap evidence 7 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) In the event that a lessee’s obligation to return an object of lease becomes impossible, the lessee is responsible to prove that the nonperformance was not due to the lessee’s cause attributable to the lessee, and that the lessee has to prove that the lessee has fulfilled his duty of due care to preserve the leased building in order to be exempted from liability even if the cause of the fire is unknown in the event that the leased building was destroyed by a fire.

(2) As to the instant case, the following circumstances are acknowledged by the health care unit and the entire purport of the evidence and arguments as seen earlier. (3) As to the instant case, the health care unit and the entire purport of the pleading are as follows. (4) The aforementioned circumstances are as follows.

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