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(영문) 수원지방법원 2015.08.21 2014가합69392
손해배상(기)
Text

1. Defendant A shall pay KRW 36,614,550 to ASEAN Co., Ltd., and KRW 51,62,800 to 36,662,80.

Reasons

1. Basic facts

A. Defendant B, as the owner of the lightweight structure, steel structure, and other 320 square meters of the roof storage facilities (hereinafter “instant warehouse”), was divided into two parts of the instant warehouse by dividing the instant warehouse into two parts in the middle of the instant warehouse, which is one Dong, and the part left (hereinafter “the left part of the instant warehouse”) on the basis of the warehouse as of the fixed surface of the warehouse was leased to ASEAN Co., Ltd. (hereinafter “Plaintiff Pene”), and the right part (hereinafter “the right part of the instant warehouse”) to the Defendant A, on the ground of the fixed surface of the warehouse.

B. The Plaintiffs are companies engaged in landscaping management business, etc., and the Plaintiffs used the left part of the warehouse of this case leased by the Defendant B as well as the office and warehouse.

C. Defendant A leased the right part of the warehouse of this case from Defendant B, and operated the furniture store with the trade name D.

On April 11, 2014, at around 12:20, a fire (hereinafter “instant fire”) occurred on the right side of the warehouse of this case from Defendant A’s rear side.

As a result, approximately 240 square meters out of approximately 320 square meters of the total floor area of the warehouse of this case were destroyed, and there was damage, such as the plaintiffs' products, furnitures, machinery, etc. in the warehouse of this case.

[Basis] Facts without dispute, Gap evidence 1 through 3, 6 through 10, 50, 51, each entry, Gap evidence 4, 5, 11, 13 through 24, 33, 34, 39 through 42, and the purport of the whole pleadings

2. The gist of the plaintiffs' assertion is that the fire in this case, the ownership of the defendant B, started and spread in the vicinity of the temporary tent while the right part of the warehouse in this case, which is the defendant B, was occupied by the defendant A, and even if the cause of the fire in this case is unclear, the warehouse in this case, the ownership of the defendant B, was sent to the sandd position panel vulnerable to the fire.

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