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(영문) 서울고등법원 2017.10.26 2016나2080879

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

CAH-1053LB on October 14, 2014 where the number of the model names is installed on the date and time of purchase (hereinafter “instant warehouse”) two storage warehouses (hereinafter “the instant hot wind season”) of two storages on November 23, 2015 (hereinafter “one of three storages”) of CAH-105LB on October 24, 2014, when the Plaintiff operated a business entity manufacturing functional remote areas and flooring materials in Pakistan on November 24, 2014, and the Plaintiff purchased and installed the following products by the Defendant.

On the other hand, the Plaintiff was operating the instant hot gas at the instant warehouse, while storing ethylene (raw materials). On January 20, 2016, a fire (hereinafter “instant fire”) occurred in the instant warehouse around 01:20.

The results of surveys conducted by the President of the SP and the National Institute of Scientific Investigation and the Gyeonggi Provincial Police Agency on the causes, etc. of the instant fire shall be as follows:

The main details of the fire investigation report prepared in the Pacific fire fighting book - a summary of the main contents of the fire investigation report - a summary of the fire investigation report prepared in the Pacific fire fighting book - A, an employee of “C”, of the instant warehouse on January 20, 2016, 200:0:30 to 01:00,000, when the oil vapor was in operation with a high temperature of approximately 2-3 cc, compared to the temperature of 20 cc, the point of the fire fighting in this case is presumed to have occurred by the U.S. source, but it is not possible to secure physical evidence, and the cause of the fire fighting is treated as the cause of the accident. E, an employee of “C”, at the time of the instant fire fighting, loaded the heat to the instant warehouse, loaded the final discharge while operating the hot gas at approximately 2-3 cc, and at the same time, was presumed to have been presumed to have been inside the warehouse of this case.