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(영문) 청주지방법원충주지원 2016.08.18 2016가단20025

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 20, 2013, the Plaintiff leased 10 square meters (hereinafter “instant restaurant”) from the Defendant from the Defendant for the period from May 20, 2013 to May 20, 2015, including the restaurant part of the first floor, among the third floor buildings located in Chungcheongnam-si, the deposit amount of KRW 3,00,000, the rent of KRW 300,000, the rent of KRW 300,000, and the period from May 20, 2013 to May 20, 2015.

B. On December 8, 2014, around 21:20, a fire was destroyed around the instant restaurant and cosmetic (hereinafter “instant fire”) and a simple tent warehouse installed behind the restaurant operated by the Plaintiff, a large air conditioning room installed in the following part of the restaurant operated by the Plaintiff, and a large air conditioning for a restaurant, a kimchi cooling house, two laundries for a laundry, etc. located therein.

C. The internal investigation report prepared by the Chungcheong Police Station stated that “the place where the instant fire occurred as a result of the identification of the instant fire site, is in the shape of the movement of the fire near the instant restaurant in a simple cosmetic which is located behind the instant restaurant, and there was a large air conditioning, etc., but all of them was melted, and a melting is found on the adjacent electrical ship, and the fire was presumed to have been smelted out of the back of the instant restaurant, and the large air conditioning, which is presumed to have been presumed to have been sleeped, and the surrounding area was presumed to have been sleeped out of the back of the instant restaurant, and there was an electrical defect found inside the restaurant, and there was an electrical defect found.” The written opinion of the National Scientific Investigation Research Institute stated that “The appraisal report by the National Institute of Scientific Investigation stated that the examination of the emotional is slick at one electric line, but it is difficult to directly discuss the cause of the fire by itself.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is that there is a aggregate of 1m and 50m width between the instant restaurant and the cosmeticed building, and the aggregate of the above aggregate is left alone.