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(영문) 대전지방법원 2018.08.08 2016가단222108

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant C and his own consciousness, D, E, F, and G own 6 buildings on the ground and 3 lots outside Daejeon Dong-gu, Daejeon.

B. On December 11, 2015, Defendant C entered into a lease agreement with I on a deposit of KRW 5 million, monthly rent of KRW 500,000,000, and year of lease of the said building as a warehouse.

C. The above one passage between the above one and the other exist, and the above other was leased to Defendant B as a warehouse.

(hereinafter referred to as “No. 1 warehouse”, and the building leased to Defendant B as a warehouse is referred to as “No. 2 warehouse”). Meanwhile, Defendant B leased another building from Defendant C to Defendant C on the side of the second warehouse and operated a household factory with the name of “J”.

On May 12, 2016, a fire occurred in a warehouse No. 1 and 2.

(hereinafter “instant fire”). Most of the objects stored in the warehouse Nos. 1 and 2 were destroyed due to the instant fire.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. After concluding a lease agreement with Defendant C through Defendant C through Defendant C, the Plaintiff kept the amount of KRW 179,870,000 in the said warehouse.

B. The instant fire, which Defendant B operated, began to have his employee laid away cigarette butts on the floor of the second warehouse.

In addition, the outer wall of the second warehouse is a simple wall that can easily damage fire, and the inside of the building is not equipped with a structure that can with fire with a structure that can withstanding fire, and all facilities that can prevent the spread of fire, such as automatic fire extinguishing devices, are not equipped.

As a result, the second warehouse possessed by Defendant B was destroyed by fire to the first warehouse that was in the custody of the plaintiff's goods.

C. Article 758(1) of the Civil Act provides that "when damage is inflicted on another person due to a defect in the installation or preservation of a structure."