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(영문) 서울중앙지방법원 2017.03.31 2015가단142848
손해배상 등
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 21,425,827 as well as as the period from August 24, 2015 to March 31, 2017.

Reasons

1. Basic facts

A. On March 5, 2009, the Defendant Hani (hereinafter “Defendant Hani”) leased the instant house to B as the lease deposit amount of KRW 1,776,60,000, and five years from the starting date of the designation period of occupancy in the Yongsan-gu Seoul Metropolitan City (hereinafter “instant house”) owned by the Defendant Hani (hereinafter “Defendant Hani”) as the lease deposit amount of KRW 1,776,60,000, and the period of designation of occupancy in the period of KRW 1,776,60,000. On May 13, 2011, B leased the instant house to the Plaintiff as of February 2013

B. On March 25, 2012, Defendant Hani entered into a property comprehensive insurance contract with Defendant K non-life insurance Co., Ltd. (hereinafter “Defendant K non-life insurance”) setting the insured as the period of coverage from March 25, 2012 to March 24, 2013.

C. On August 24, 2012, the instant house was located in the Ddong, where the instant house was located, and leakage occurred in the instant house bedroom, etc.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 3, 5, 6 (including household numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 1, 1, 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) On August 24, 2012, the Plaintiff’s assertion 1) damaged clothes, reputation bags, etc. equivalent to KRW 156,80,00,00, which the Plaintiff issued and kept in a house-to-house gambling room, etc.

3) Even if the Plaintiff could not claim the right under the lease agreement because he was the former lessee without permission, Defendant Han-man is the owner of the instant house as stipulated in Article 758 of the Civil Act, and the Plaintiff is liable for damages against the Plaintiff, and the Plaintiff may directly claim the insurance money of the said insurance. Accordingly, the Defendants are jointly and severally liable for payment of KRW 156,80,000 for the property damage suffered by the Plaintiff and the delay damages therefrom.

(b).

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