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(영문) 서울중앙지방법원 2020.11.04 2019가단5085689

구상금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Defendant is C Co., Ltd. (hereinafter “C”).

(B) the building E-dong (hereinafter referred to as the “instant building”) of the D ground factory in Nam-gu, Incheon Metropolitan City.

(2) On June 30, 2017, around 02:43, the Defendant’s cosmetics, etc. on the first floor below the instant building used by the Defendant and part of the Defendant’s cosmetics, etc. on the first floor above the lower underground, and the fire, etc. on the first floor above the said building (hereinafter “instant fire”) occurred through the cargo elevator, etc. closed.

3) The F Co., Ltd. F (former trade name: G Co., Ltd.; hereinafter “F”).

(B) The Plaintiff leased and used the 1st floor of the instant building from C. However, the instant fire caused damage to F’s facilities and fixtures on the 1st floor of the instant building. (B) The Incheon Fire Agency concluded that: (i) the fire extinguishing point of the instant fire can be presumed to be in the vicinity of the cargo elevator in the first floor of the instant building; (ii) the situation where the fire extinguishing point of the instant fire can be analyzed; and (iii) the situation where the power source breaks can be cut off near the instant building; and (iv) the fact that the power source breaks are discovered in the same location; and (iv) the fact that the power circuit breaks installed at the place of combustion are discovered in the bitr, which can be presumed to have occurred due to electrical factors.

According to the results of the fire site identification prepared by the Incheon Regional Police Agency, ① all burning shapes.