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(영문) 의정부지방법원 고양지원 2017.08.11 2015고단3688

업무상과실치상등

Text

Defendants are not guilty.

Reasons

1. Facts charged [Basic Facts]

A. L building status and management relation L building (hereinafter “this building”) is a complex building for the purpose of transportation, sale, and culture with the size of 146,071,39m of the total floor area of the Dong-gu M in Yongsan-gu, Manyang-si and the size of 146,071,39m above the ground of the 5th basement, and the building of this case is divided into shopping mall Dong-dong and N, and P was planned to enter from the 5th to the 7th above the ground of the shopping mall.

In addition, L was operated on the third floor of N-ground facilities and sales facilities, from the first floor to the second floor on the same ground.

In addition, the underground floor of the above building is not divided into shopping mall Dong and N, and the underground floor of Q Co., Ltd. (hereinafter “ Q”) was leased by Q Co., Ltd., and carried out internal construction to operate a food set. The underground floor of the second and third underground floors were used as a parking lot from the underground third to the five underground floors.

The second underground floor of this building acquired ownership in E, and the office for the prevention of disasters against the third underground floor and the office for the prevention of disasters against the first underground floor are managed in E, and separate fire-fighting facilities and fire-fighting facilities were installed and operated in E, and E concluded a facility management service contract with D Co., Ltd. (hereinafter “D”) on July 29, 2013 and the contract period extended by June 30, 2014, and entrusted the maintenance and management of facilities operated by the said E to D.

B. On May 26, 2014, around 09:00, the occurrence of a fire, at around 3,4 times in the construction site of Q of the first floor in Q of the building and the 1st floor above the 1st project site of Q of the building, and the installation of gas pipelines through an Acropator in the vicinity of the ecropher, was being carried out by a crop, and as the ice firecracks into urban gas flowing into the urban gas pipe, the ector of the gas pipe combined ector has been opened.