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(영문) 서울남부지방법원 2015.10.29 2014가합109632
손해배상(기)
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 as a party is engaged in the spot processing and sales business with the trade name of “D” in Silung-si, and the Defendant is the owner of 3 Dong-dong (40 square meters, 60 square meters, 90 square meters, and 1,225 square meters (hereinafter “instant land”) before E in Silung-si and the plastic greenhouse building on its ground.

B. On September 26, 2008, the Defendant leased the instant vinyl building (hereinafter “the instant vinyl”) of a size of 90 square meters on the instant land to F (the name “F”) and F engaged in the instant vinyl manufacturing business in the name of “H” in the instant vinyl (a half of them were divided, and one half of them was leased from the Defendant and operated the mutual company “J” in the name of “H”).

On April 14, 2014, around 11:13, 2014, a fire occurred in H among the instant vinyl buildings, and the Plaintiff’s materials, goods, etc. stored in the same workplace was destroyed due to a fire that occurred once in the D workplace.

(hereinafter “instant fire”). D.

1) On April 14, 2014, from April 14, 2014 to April 23, 2014, 1) City Fire Fighting Team conducted an investigation into the fire site of this case on three occasions, including the investigation into the cause of the fire of this case and the results thereof, and prepared a report on the fire site investigation, stating that “The fire site investigation report is difficult to determine the accurate cause by serious degree of the loss of the greenhouse greenhouse, the mobile phone photographs taken by the persons concerned at the beginning of the fire, the opinion of the expert committee on fire investigation, and the direction of the flame spread, etc., it appears that the early outbreak in the vicinity of the H Highway, which caused a wind winding, and rapidly expanded the restaurant direction of the plastic building adjacent to the land of this case and the direction of the warehouse of the K warehouse.”

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