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(영문) 대구지방법원 2018.11.13 2017가단116637

손해배상(기)

Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 78,345,152 as well as its annual interest from July 20, 2014 to November 13, 2018.

Reasons

1. Basic facts

A. The Plaintiff leased from Defendant C the 4th floor E, F, and G among the buildings owned by Defendant C (hereinafter “instant building”), and used the said Item as a warehouse for the storage of goods, while carrying out the wholesale and retail business with the trade name of “H”. Defendant B leased Nos. 1, J, and K from among the instant building, and used the said subparagraph as a warehouse for the storage of goods.

B. On July 20, 2014, around 20:33, a fire (hereinafter “instant fire”) occurred in Jhoho Lake (hereinafter “instant warehouse”). From among the instant buildings leased and used by the Plaintiff, the amount of KRW 77,645,152, which the Plaintiff was in custody for sale purposes, was reduced to KRW 70,000,00,00 for the costs of waste disposal due to fire.

C. Since then, a field investigation was conducted by relevant agencies on the fire site of this case, and a report, etc. was prepared as follows through the collection, inspection, etc. of relevant data:

1) The result of the fire site identification at the Daegu District Police Agency (No. 3, No. 2, No. 1), “the fire of this case is deemed to be a stop from the front space of the warehouse office to another space, and thus, it can be seen that the space can be seen as a chemicaling part of the space. The electrical characteristics of electric wires discovered in the vicinity of the combustion department can also be generated only by the electrical characteristics of the wires themselves. However, in this case, it cannot be ruled out that the electric characteristics of the electric wires discovered in the vicinity of the combustion department could be generated from the other spaces, but in this case, it cannot be ruled out that the specific features of other facilities that can be associated with the chemical combustion in the fireproof department could not be identified, and thus, the cause of the outbreak is not correct. 2).