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(영문) 전주지방법원 2018.08.07 2016가단31093
양수금
Text

1. The Defendant’s KRW 2,00,000 as well as the Plaintiff’s annual rate from August 11, 2016 to August 7, 2018, and the following.

Reasons

1. Facts of recognition;

A. On September 11, 2015, at around 00:37, the Defendant: (a) placed a studio gas, which had been prepared in advance to the stairs of the first floor of the building (the underground first floor, the third floor building on the ground; hereinafter “instant building”) located in Seojin-gu Seoul Special Metropolitan City owned by C; (b) destroyed part of the instant building by burning the underground stairs, etc. of the instant building by cutting off gas pipes, etc. from a stude to a stude, which had been laid down by a stude, with a fire, and burning the gas pipes, etc. located outside the building of the instant case, by burning the underground stairs, etc. of the instant building.

(hereinafter “instant fire prevention”). B.

E entered into a lease agreement with C on the first floor of the instant building, and stored tax, cremation, etc. on the first floor of the instant building. Due to the inflow of fire-fighting water generated in the fire prevention and extinguishment process of the instant fire, E suffers loss, such as milching in water, etc. on the first floor of the instant building.

C. On August 9, 2016, E transferred the right to claim damages against the Defendant due to the fire of this case to the Plaintiff, and notified the Defendant of the assignment of the claim on August 10, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Gap evidence 8 through 12 (including additional numbers) and images, Eul's testimony and purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of the recognition of the above liability for damages, the defendant is obligated to compensate the plaintiff who acquired the right to claim damages on the first floor of the building of this case suffered by E due to the fire prevention of this case.

B. The Plaintiff asserts that the scope of liability for damages related to the first floor of the instant building caused by the fire of this case, which is flooded KRW 13,000,000, and class 6 of the cremation, and KRW 300,000,000, labor expenses and operating losses, KRW 8,000,000, and waste disposal expenses, KRW 400,000, and cleaning expenses and other expenses, are KRW 300,000.

However, the Plaintiff proves the above amount of damages.

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