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(영문) 의정부지방법원 2019.06.20 2017가단22506

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff A operated a prefabricated greenhouse on the ground of the Namyang-si, Namyang-si, a farm that installs a prefabricated greenhouse and cultivates mushrooms (hereinafter “instant farm”). The Plaintiff B, a company for waste treatment business, etc., operated a container installed in the vicinity of the Plaintiff A’s mushroom farm, and operated an anti-water tank (hereinafter “instant anti-water tank”).

B. From May 21, 2015 to 11:30 on May 21, 2015, employees of the D company who received a contract for electrical construction from the Defendant changed the transformers installed in the telegraph that transmits electricity to the instant farm from around 11:30.

As a result, from around 11:15 on the same day, electricity was set to the farm of this case, and electricity was supplied again at around 11:31 on the same day.

C. On May 21, 2015, at around 12:03, a fire occurred in three greenhouses of prefabricated type in the instant farm. On the instant secondhands near the French length, Plaintiff A’s prefabricated greenhouse, mushroom crops, etc. were destroyed or partly destroyed, and Plaintiff B’s container, stuff, etc. were destroyed.

(hereinafter referred to as "the fire of this case"). [Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, 4, 5, 7 (including paper numbers), Eul evidence Nos. 1-1 through 4, and the purport of the whole pleadings.

2. In light of the following: (a) the Plaintiffs’ assertion was not able to find the possibility of fire against the farm of this case or the mechanical and natural chemical combustion factors; and (b) the fire of this case occurred immediately after the Defendant completed the replacement work of the voltager, etc., the fire of this case should be deemed to have occurred when the connecting cable inside the transmission pipe of the transmission pipe installed within the farm of this case by transmitting excessive currents to the farm of this case.

The defendant did not instruct the plaintiff A to block all of the electronic devices within the farm of this case while performing the replacement work of telegraphic voltages, and the electricity is resumed after completing the replacement work.