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Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.
Reasons
1. The reasoning of the judgment of the court of first instance concerning this case is as follows, and this case is cited by the main sentence of Article 420 of the Civil Procedure Act, except for modification and addition as follows.
(1) The lower court’s assertion and the evidence presented by the Defendant are examined, and the lower court’s determination is reasonable, with the exception of the following modifications. 8th 10th 10 of the first instance judgment. Then, the Defendant asserts that “the fire fighting point of this case constitutes a static cable inside the response pipe installed outside the warehouse of this case, which shall be deemed to be the lessee’s control and management area.” However, in light of the appraisal results of the National Institute of Scientific Investigation and Investigation (Tgu Science Investigation Institute) related to the fire of this case, the inquiry results of inquiry, and the fire site photographs (Evidence No. 4), etc., it is difficult to conclude that the fire of this case occurred in the response pipe installed outside the warehouse of this case (fire itself is highly likely to begin inside the warehouse), and even so, the response pipe and static cable shall be deemed to be an area controlled and managed by the Defendant, a lessor, as an essential facility outside the warehouse of this case (this case’s indoor cable installed outside the pipe of this case).”
Then, "The defendant shall not have any material that can be recognized" in the 9th sentence of the first instance judgment.