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(영문) 광주지방법원장흥지원 2016.11.02 2016가단3103

손해배상(기)

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The party-related Plaintiff A is a person operating sales business, such as a tent and vinyl, in the name of “F,” on the ground of the building, Gangnam-gun E, Gangnam-gun, and Plaintiff B is denied by Plaintiff A, and Plaintiff C is a child of Plaintiff A.

The defendant operates the sales business of hardware, agricultural instruments, etc. with the trade name "H" in the G ground buildings in Gangnam-gun, Gangnam-gun.

Plaintiff

A’s F and the Defendant’s H buildings adjoining each other, the separation distance is about two meters, and there is a warehouse built by the Plaintiff A, the width of which is about two meters and about ten meters in length (hereinafter “instant warehouse”).

B. On October 16, 2015, the occurrence of the instant fire, around 07:34, a fire occurred in the H outer wall and the instant warehouse (hereinafter “instant fire”). The Plaintiff’s inventory assets, etc., which were kept in custody in the instant warehouse, destroyed a considerable part of the inventory assets owned by the Plaintiff, etc., and Plaintiff C and B sustained video in the process of extinguishing the instant fire.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 6 (including branch numbers for those with additional numbers), Eul evidence No. 1, and the purport of the whole pleadings

2. The gist of the plaintiffs' assertion is that the fire in this case was burned out of the stacker location installed on the outer wall of the H building (hereinafter "the stacker location of this case") and burned to the warehouse of this case.

Therefore, the Defendant is the possessor and owner of the instant burners position, and is liable for the following damages suffered by the Plaintiffs due to the instant fire.

① Total amount of KRW 30,590,000 for property damage caused by fire, such as the Plaintiff’s inventory assets, etc. (2) KRW 915,00 for video treatment costs in Plaintiff B ③ KRW 155,600 for video treatment costs in Plaintiff C

3. Determination

A. The fire of this case does not conflict between the parties to the fire of this case, or comprehensively taking account of the records No. 1 and the fact-finding report of this court as to the fire of this case, the whole purport of the arguments is examined.