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(영문) 대구지방법원 2020.02.12 2019나305005

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the next order of payment shall be revoked, and that part shall be revoked.

Reasons

Basic Facts

Plaintiff

A is the owner of D 4.5 tons of cargo vehicles (hereinafter “instant vehicle”), and the Plaintiff B, the husband of the instant vehicle, is a person operating the instant vehicle. The Defendant is a quasi-maintenance businessman by replacing the instant vehicle with the convenience set.

around October 7, 2017, Non-party F, who belongs to the Defendant’s Automobile Maintenance Business Operator “E”, dis-party F dismantled the existing Lone Starter of the instant vehicle and improved the vehicle by exchanging it with the reproduction of Lone Starter.

Plaintiff

B around October 9, 2017, around 18:00, around 18:00, the vehicle parked in the instant vehicle and returned back after correcting the entrance.

On October 10, 2017, at around 00:0, a fire (hereinafter “instant fire”) occurred in the instant vehicle G G in the G of G in the Gyeongbuk-gun, and H factories, and the instant vehicle was fireed to the extent of 1 ton of part of the warehouse building (20 square meters) and the paper gambling house was destroyed.

According to the identification of the vehicle of this case, the part in which the electrical distinctive points of the Lone Starter of the instant vehicle are identified is connected between the cross-sections of the power source connection part A of the Lone Starter Doz. The power source connection part of the instant vehicle is the part supplied at all times even at the start of the city. The power source connection part of the instant ship is the part supplied at the start of the city, and the exhaustr connection part of the exhaustr gate and Dorazd E are electric power wave convergence between the exhaustr connection part and the exhaustr case, and the exhaustr, etc., fixed at the exhaustr rink are melted with the case. In light of the fact that the power source connection part A of the Lone Starter drawing of the instant vehicle of this case is a fire presumed to have occurred due to the electrical destruction of the electric shock system between the power source connection and the bitr.

[Ground of recognition] Gap's evidence Nos. 1, 3, 4, 6, 9, and Eul's evidence Nos. 1, and the result of inquiry into the Daegu Science Investigation Institute at the first instance court's Daegu Science Investigation Institute.