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(영문) 서울중앙지방법원 2016.01.19 2014가단5056655

구상금

Text

1. The Defendant: KRW 74,045,306 for the Plaintiff and KRW 5% per annum from June 1, 2013 to January 19, 2016.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff between the parties is an insurance company running non-life insurance business, etc., and the non-party B was a person who operated a two-end manufacturing factory (hereinafter “D factory”) under the trade name “D” by leasing underground floors of the building located in Seongbuk-gu, Seongbuk-gu (hereinafter “the instant building”). The Defendant is the owner and lessor of the instant building, and the non-party E as a construction business operator who performed soundproofing construction on the underground floor of the instant building.

B. Around February 2013, the circumstances leading up to the occurrence of a fire accident and details of damage (1) the Defendant newly created a room to set the part of the first floor of the instant building, and attached soundproof materials made from the inner wall of the factory by requesting it to construction business operators E, etc. to prevent the noise of the D factory from falling into the room.

(2) After that, the Defendant leased the above first floor room to another person, and following the leased date, the lessee decided to install an original pipe, and a single-name pipe to allow the factory noise to get out of the building. On April 3, 2013, the Defendant directed the construction business operator E to cut off the iron plates made up of the two-end factory outer wall exchange system (hereinafter “existing exchange system”) using a gradar, and purchased materials, etc. necessary for the said work together with the above E.

(3) Since then, while E was engaged in the cutting of the steel board of a sandd position panel using his rainar in accordance with the Defendant’s direction, there was a moment of the instant fire by her flaman’s flaman’s flabing of the instant fire, and a fire that gets fired to the entire D plant due to the spread of combustion by manufacturing machinery, etc. in the vicinity, etc. (hereinafter “the instant fire”).

(4) The fire of this case, such as the letter, string, string, etc. in D owned by B due to the fire of this case.