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(영문) 서울중앙지방법원 2016.01.29 2014가합52112
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. On May 201, Defendant B leased the part of the workplace and office among the plastic greenhouse buildings owned by the Plaintiff, Seocho-gu Seoul Metropolitan Government (hereinafter “instant structure”) and the part of the instant structure to Defendant C, and the part of the instant structure was leased to Defendant C, and Defendant B’s attachment to Defendant B used the factory building located between the Plaintiff and Defendant C’s respective leased premises among the instant structure.

B. On June 6, 2014, around 10:23, a fire occurred to the instant structure, and all of the instant structures and equipment located therein were relocated.

hereinafter referred to as the "fire of this case"

(C) The report prepared by the police and the fire authorities after investigating the fire site after the extinguishment of the instant fire is that the residential part used by the Defendant C or the air room used by the Defendant E among the instant structure is presumed to have been destroyed by fire, and thus, it is presumed that the fire was spread to the surrounding area, but it is impossible to establish accurate fire points and the cause of the fire. [In the absence of any dispute over the grounds of recognition, evidence No. 1, evidence No. 13-1 to 6, evidence No. 13-1 to 23, evidence No. 14-1 and No. 2, evidence No. 14-7, video No. 13-7, the purport of the entire

2. Although the Plaintiff could not know the accurate cause of the instant fire, as long as a fire occurred in the Defendant C’s residential part among the instant structure owned by Defendant B, it should be deemed that the instant fire occurred due to the defect in the installation and preservation of the instant structure, which is a structure.

Therefore, Defendant B, the owner of the instant structure, jointly and severally with Defendant C, the possessor, is liable to compensate the Plaintiff for the amount of KRW 150,000,000 for the value of the Plaintiff’s traditional musical instrument owned by the Plaintiff, which was lost due to the instant fire, and damages for delay.

3. The correct point of fire fighting and the fact that the cause of the fire was not revealed are as seen earlier, and the Plaintiff’s structure is the same.

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