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(영문) 창원지방법원 2016.11.17 2015가단12348
손해배상(기)
Text

1. Defendant B Co., Ltd.: (a) KRW 152,883,313 on the Plaintiff and 5% per annum from June 18, 2015 to July 27, 2015.

Reasons

1. Basic facts

A. On April 1, 2013, the Plaintiff, the representative director of Defendant C, (hereinafter “Defendant Company”), leased the instant factory site D 1,269 square meters to Defendant B (hereinafter “Defendant Company”) by setting the deposit amount of KRW 30 million, monthly rent of KRW 3.2 million, and the lease period from May 1, 2013 to April 30, 2018, with the general steel-frame factories and offices, toilets, shower rooms 54.12 square meters (hereinafter “instant factory”).

B. On March 12, 2015, around 17:25, a fire (hereinafter “instant fire”) occurred in the instant plant, and the occurrence of damage caused to the instant plant due to flames.

C. 1) In light of the first witness’s statement, etc., the police station in the jurisdiction of the police station, the fire is confirmed to have occurred inside the factory. The fire is presumed to have been presumed to have occurred inside the factory. 2) The competent fire station determined that the possibility of fire prevention by external or related persons, the possibility of gas leakage due to gas leakage, the possibility of combustion due to the human corrosion by non-fire sources, such as cigarette butts, is excluded, and the mechanical factors that can be presumed to have been generated from the transport pumps installed at the point of combustion (a machine that combines raw materials) are excluded.

However, in relation to the cause of the occurrence of the fire of this case, it was found that the electric wires inside the transport pumps are tight, and the electric wires inside the transport pumps are tight, which can be presumed to have been inflammable due to the electrical factors from the 3 transfer pumps. In this regard, the fire of this case is presumed to have been launched by the Ack fever caused by the heat heat from the thermal heat from the transfer pumps. After the outbreak, the fire was burned to the raw materials of the cause of the fire that was loaded inside the factory after the outbreak.

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