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(영문) 서울중앙지방법원 2015.09.08 2014가단256634
손해배상(기)
Text

1. The Defendant’s KRW 36,649,809 as well as the Plaintiff’s annual rate of 5% from May 29, 2014 to January 2, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a public corporation that operates the Seoul subway 3 lines, etc.

B. On May 28, 2014, at around 10:50, the Defendant: (a) opened 5 lids from among the 11st unit of the new typeer, which was filled by dividing the Plaintiff’s 3 electric trains B, No. 4-1, which are owned by the Plaintiff, into 2 air bags; (b) opened 5 air bags from the old and the weak; and (c) moved them into the passage of the vehicle by turning them into a one-time stop to the new type; and (d) moved them into the marth inside the said mar; and (e) as a fire was fired by a service source located at that bed by a mar, the Defendant fire was set to the previous vehicle inside the said mar by putting a new width twice (hereinafter “instant fire prevention”).

C. The fire prevention of the instant case: (a) part of the electric car was destroyed by the fire, such as 6 elderly seat 1,00, and 1,000, and 35,432,659 won (including vehicle cleaning expenses, 1,05,790 won) were incurred in replacing and repairing the machinery, equipment, equipment, etc. installed inside the said electric car due to the delay in the fire; and (b) the Plaintiff paid expenses for KRW 35,432,659 (including vehicle cleaning expenses).

In addition, due to the fire prevention of this case, the Plaintiff had no choice but to temporarily suspend the operation of the foregoing electric vehicle. Accordingly, the Plaintiff suffered a business loss equivalent to KRW 1,217,150.

【Ground of recognition】 The facts without dispute, Gap 1 through 17 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts, the Defendant calculated the total amount of damages sustained by the Plaintiff due to the fire prevention of this case, KRW 36,649,809, and damages for delay calculated at the rate of 5% per annum under the Civil Act from May 29, 2014, the day following the fire prevention of this case, until January 2, 2015, and 20% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as the Plaintiff seeks.

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