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(영문) 서울남부지방법원 2019.01.23 2017가단254369
손해배상(기)
Text

1. Defendant D Co., Ltd.: KRW 61,020,776 on the Plaintiff and 5% per annum from August 6, 2017 to January 23, 2019.

Reasons

1. Facts of recognition;

A. From June 1, 2006, the Plaintiff: (a) leased part of Geumcheon-gu Seoul Building E (hereinafter “instant building”) owned by Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) 11th floor F (hereinafter “instant building”) under the name of employees G, and used it as a warehouse storing clothing, etc. in the name of employees; (b) Defendant B was an employee of the Defendant Co., Ltd; and (c) Defendant C was an employee of the Defendant Co., Ltd.

B. The instant balcony with a size of about 3 to 4 square meters (hereinafter “the instant balcony”) is ancillary to the instant store. Even if the instant building is prohibited from smoking in the building as a non-smoking building, the Plaintiff used the instant balcony as a smoking place. Defendant B and C, an employee of the Defendant Company, working on the 12th floor of the instant building, used the instant balcony as a smoking place.

C. On August 6, 2017, around 11:35, in the vicinity of the balcony of this case (hereinafter “the instant fire”). The burning range due to the instant fire is limited to the area near the balcony of this case, but the Plaintiff’s excessive smoke and fire-fighting inflows into the balcony of this case, thereby losing its product value due to the Plaintiff’s destruction of 22,480,766 won in storage in the balcony of this case, including small hand hand hand hand hand hand, and the Plaintiff lost its product value equivalent to KRW 9,560,787, which was kept in custody in the instant shop of this case. The Plaintiff lost its product value due to its damage, such as 122,041,53 won in total.

Defendant B and C, around 11:05, around 30 minutes prior to the occurrence of the instant fire, smoked in the balcony of this case and went to the office located in the 12th floor of the instant building by using the elevator. The Plaintiff’s employees, who used the instant fire, did not have any fact between the stores prior to the occurrence of the instant fire.

(Defendant B retired from the Defendant Company after the instant fire). (E)

The Seoul Geumcheon Police Station shall fire the instant case.

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