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(영문) 수원지방법원 2019.04.24 2018가단521136
손해배상(기)
Text

1. The Defendant’s KRW 14,437,970 for the Plaintiff and 5% per annum from December 26, 2017 to April 24, 2019.

Reasons

1. Basic facts

A. The Plaintiff is operating a car center in the name of the Plaintiff (hereinafter “D store”), and the Defendant operates the “Fcraft” in the name of the Plaintiff’s workplace E when it is located adjacent to the Plaintiff’s workplace.

B. The Fcraft was a vinyl facility without permission, and the Defendant has installed and used a chemical stove in a vinyl house.

C. On December 26, 2017, at around 08:00 a.m., a fire occurred at the Fcraft (hereinafter “instant fire”) and fire was destroyed by both machines and straws located on the building and the building that were located on the side of the said craft center.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The plaintiff asserts that the fire of this case was caused by the neglect of management in the Fcraft, and sought liability against the defendant for the possessor of a structure pursuant to Article 758 of the Civil Act. The defendant is not aware of the cause of the fire, and the plaintiff cannot respond to the plaintiff's claim.

In full view of the following facts, Gap evidence 3, Eul evidence 1, Eul evidence 1, Eul evidence 1, 2, 3, and 14 (including paper numbers), and the overall purport of the arguments in the witness G testimony of the witness G, that is, the defendant used the chemical distress before the occurrence of the instant fire; the defendant was investigated in the witness G Gdo shot box where he reported the fire at the time of the instant fire; and the defendant stated the place where the fire was exposed to the chemical distress near the fire (it seems that the part which was designated as the place where the fire was exposed to the fire was near the chemical distress). In light of the on-site identification of the chemical fire fighting site as a result of the on-site identification of the fire fighting site, the fire fighting in the vicinity of the fire fighting site was strong and the direction of burning was expanded to the surrounding area.

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