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(영문) 서울중앙지방법원 2018.07.12 2017가단5086275

주위적보험금,예비적 손해배상(기)

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1. The Plaintiff’s claim against the Defendant (Appointed Party) and the Appointed C is dismissed in entirety.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Plaintiff’s detached house D located in Yongsan-gu, Busan Metropolitan City (hereinafter “Plaintiff’s Housing”). The Defendants are co-owners of the Defendant’s detached house located in the same Gu E (hereinafter “Defendant’s Housing”) immediately next to the Plaintiff.

B. A fire that occurred around 17:30 on November 30, 2016 (hereinafter “instant fire”) destroyed the interior floor and the studio of the Plaintiff’s housing, etc. Around November 30, 2016, the outside tegras and the studios of the Defendant’s housing were entirely discharged and the 2nd floor was counterclaimed.

C. The results of the investigation by the related agencies on the instant fire are as follows.

Outline - Fire investigation summary - The defendant's housing of the fire-fighting building refers to the fire-fighting building.

A. The former occupant had been officially recruited for about 3-4 months due to auction, and the present owner had been performing construction works, such as boiler repair, after the successful bid of the auction on November 2, 19, and the last Corporation had made no later than 26th of November. - The building was placed only on fixed households, such as singkes and bricks, and the construction of boiler was completed, and the operation test after the boiler was installed was normal.

b. -In light of the deep and fast shottains of theme floor floor, it is confirmed that video products secured as a point of combustion near the entrance can be presumed as a point of combustion, and such video products also have been in the process of burning and burning the wall from theme floor. - At the presumed point of combustion, electric equipment is not identified and only a part of the collection equipment, such as a simplified singke, are stored, and three boiler pipes are exposed to a lower part of which the width is broad in the stairs singing of stairs. -Theme floor of the -the mechanical electrical factor is not identified, but the human factor is presumed and the neighboring CCTV was confirmed on the day of occurrence, but there was no peculiar point in view of the weather condition on the day. - The parts caused by incidentalism such as tobacco but also covered the boiler pipeline in the lower part of the day.