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(영문) 대구지방법원서부지원 2019.05.02 2017가합51970

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who manufactures renewable lines, etc. in the name of “D” in the elderly group C, and the Defendant is a corporation that manufactures and sells softs in E, the neighboring place of business of the Plaintiff.

B. On April 4, 2017, around 19:09, a fire (hereinafter referred to as “instant camping site”) occurred in the Defendant’s place of business from a wood wave site (hereinafter “instant camping site”); the Defendant’s factory, dormitory, etc. was relocated; the instant fire was 370 square meters away from the Plaintiff’s factory to the Plaintiff’s factory, which had the wind, and the B warehouse 399 square meters.

C. The main contents of the fire site survey document prepared by the elderly fire station in relation to the initial fire extinguishment point, causes thereof, etc. of the instant fire and the legal assessment document prepared by the National Scientific Investigation Institute at the request of the elderly police station are as follows.

Main contents of the fire site investigation report (Evidence No. 4-3)

8. The possibility of fire-prevention in the examination of the cause of fire is determined to have been carried out relatively fast, given the fact that the fire was determined to have been carried out in a relatively rapid manner, and that there are no factors that can serve as a chemical source, such as electricity, machinery, and gas, at the point in which the fire is presumed to have been emitted, the possibility of fire-prevention can not be ruled out by the identityless merchant, but the possibility of fire-prevention can not be presumed to have been generated due to the cause of fire because of the fact that the power at the entrance of the defendant company, at the point in which the scrap of the defendant company is loaded. The possibility of fire-prevention cannot be presumed to have been found because of the fact that the direct surface in CCTV is not recorded, and the oil ingredients were collected at the presumed point of combustion, because of the fact that the oil ingredients were not detected. The mechanical factors are excluded from the presumption point of combustion because there is no electric facilities at the presumed point of fire-generating. Gas leakage: Gas leakage facilities are excluded at the presumed point of gas emission.