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(영문) 서울중앙지방법원 2015.06.10 2014가단220888

손해배상

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 the owner of approximately 180 square meters of a vinyl of the Adong Gabbrid structural department located in Seocho-gu Seoul Metropolitan Government (hereinafter “the instant Adong vinyl”), approximately 120 square meters of a vinyl of the B Dong Gab, B Dong Gab Gab Gab sand site panel (agricultural and fishery products warehouse) and approximately 20 square meters of a container.

나. A동 비닐하우스 내부는 샌드위치패널 구조로 철파이프 위에 비닐, 떡솜 등으로 지붕을 마감하여 화재에 매우 취약한 구조이고, 비닐하우스 내부에서 철파이프와 벽을 통하여 각 호실이 일체를 이루며 인접하여 있었는데, 그 중 산림쪽에 위치한 주거용 3호실(이하 ‘이 사건 3호실’이라 한다)은 피고가, 농로쪽에 위치한 가야금공방 1호실은 소외인이 임차하여 점유하고 있었고, 원고는 그 중간에 위치한 공실창고 2호실을 점유하고 있었다.

C. On September 6, 2010, the Defendant leased the instant subparagraph 3 room from the Plaintiff at KRW 30 million and monthly rent of KRW 100,000.

At around 10:23 on June 6, 2014, a greenhouse and a container of A Dong and B were destroyed by fire.

(hereinafter referred to as the “instant fire”). [Ground of recognition] The fact that there is no dispute, Gap 1, 2, 10 through 13 (including paper numbers), Eul 1, and the purport of the whole pleadings.

2. The assertion and judgment

A. 1) The Plaintiff’s assertion that the instant fire, which was alleged by the Defendant, was launched at the 3rd greenhouse of the instant Adong, where the Defendant resided, is liable to compensate the Plaintiff for damages of the total amount of KRW 98.5 million (i.e., construction cost of the vinyl KRW 85 million) incurred by the instant fire (i.e., KRW 13.5 million). 2) The Defendant’s assertion that the instant fire, which was alleged by the Plaintiff, was incurred at the 2nd greenhouse of the instant Adong, which was occupied by the Plaintiff, was unreasonable.

B. The statement of the witness D of the instant fire as seen below is about the point and cause of the fire of this case.