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(영문) 의정부지방법원 2020.10.29 2019가단116481

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. The Plaintiff is a person engaged in the business of manufacturing letters in the name of “D” in the name of “D” (the remainder of the Plaintiff’s building is leased and used as “F”) among the buildings located in the same lot number. The Defendant is a person who is engaged in the business of manufacturing letters in the name of “G” in the name of “G” among the buildings located in the same lot number.

B. On November 3, 2018, around 14:20, the Plaintiff’s building and the part on the boundary line part of the leased part of E was destroyed by a fire on the ground of an unclaimed fire (hereinafter “instant fire”) at a place where a stuff contained in the original intent owned by the Defendant was accumulated in front of the outer wall of the part on which the Plaintiff leased and the part on the leased part was stored (hereinafter “instant fire”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 to 3, the video and the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff asserts that the instant fire has spread to the Plaintiff’s building and the Plaintiff’s property damage caused by the defect in the installation or preservation of the structure, which kept the strawer in the manner of piling up the strawer in the Plaintiff’s side without taking the above minimum protective measures, even though the Defendant took necessary protective measures to ensure that the strawer, including the strawer, leased and used the strawer, with sufficient distance, or with the strawer, installed the protective wall, etc., but the strawer, including the strawer, etc., was loaded adjacent to the Plaintiff’s building. 2) The Plaintiff also asserted that the instant fire had spread to the Plaintiff’s side and caused the Plaintiff’s property damage by taking full account of the following circumstances, namely, the following circumstances revealed by the Defendant’s overall purport of oral proceedings in the descriptions or images of the evidence Nos.