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(영문) 수원지방법원 안산지원 2018.02.01 2016가합7859

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of manufacturing electric parts, etc., and the Defendant is a corporation with the purpose of leasing real estate, etc., and the Defendant’s Intervenor (hereinafter “ Intervenor”) is a corporation with the purpose of urban gas construction business.

B. On June 23, 2016, the Plaintiff entered into a lease agreement with the Defendant to lease three-story parts of the general steel structure and other three-story factories of the 3rd floor (hereinafter “instant factory”) located in Ansan-si, Ansan-si, the Defendant owned, under which the Plaintiff was engaged in the business of manufacturing handphones for the said three-story 357 square meters from that time.

C. On June 28, 2016, the Defendant entered into a contract between the Intervenor and the Intervenor to perform urban gas pipeline alteration works installed on the instant plant outer wall (hereinafter “instant contract”). D.

On July 1, 2016, E employed the Intervenor’s staff E used the contact work to change the gas pipeline from the outer wall of the factory of this case.

However, the factory outer wall of this case was attached with inflammable substances, and E did not take such measures as installing a string, etc., even though it was obligated to prevent the occurrence of fire by sprinking inflammable substances, such as installing a string, etc. in advance.

As a result, the fire in the vicinity of the work of E is transferred to the styrene attached to the outer wall of the factory of this case, and the part of the plaintiff's three floor factory was destroyed by fire.

(hereinafter “this case’s fire”). 【No dispute exists, Gap’s evidence Nos. 2, 5, Eul’s evidence Nos. 1 through 3, Gap’s video and the purport of the whole pleadings.

2. The intervenor filed an application for intervention with the defendant to the purport that there is a legal interest in the case where the defendant lost the lawsuit in this case, and the defendant filed an application for intervention to this effect.