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(영문) 부산지방법원 2013.05.24 2012가합14046
손해배상(기)
Text

1. Defendant Dongyang Food Co., Ltd.: (a) KRW 32,182,708 against the Plaintiff and its related thereto, from March 8, 2013 to May 24, 2013.

Reasons

1. Basic facts

A. At the time of the occurrence of a fire on January 31, 201 (hereinafter “instant fire”), the Plaintiff, a corporation engaged in the processing, manufacturing, and export business of fishery products, such as scam, as its main business, leased and used 355 square meters from among the first floor underground of the factory building located in Busan Scamblue-dong 325-1 (hereinafter “instant building”), which he owned by the Plaintiff, at the time of the occurrence of the fire on January 31, 2011 (hereinafter “the instant fire”). Defendant Mayang was a corporation that mainly engaged in the fishery products sales and processing business, and was using adjacent parts from the first floor of the instant building from Defendant Yblue at the time of the occurrence of the instant fire. Defendant Mablu was a corporation that is engaged in the fishery products processing, wholesale and retail business, and warehouse business, and is also the owner and lessor of the instant building.

B. On January 31, 201, around 19:50 on the 19:50th underground floor of the instant building, the fire occurred in the instant building and the machinery, fixtures, movable property, etc. of the Plaintiff and the Defendant Dongyang Pock caused damage to the leased part of the Defendant Dongyang P, and the adjacent section for common use (hallway) located within the adjacent section for common use (hallway).

With respect to the fire of this case, the Busan District Fire Station determined as the result of the fire investigation that the clothes of one of the electric wires emitted from the cable tracks installed in the corridor gate on the underground floor as follows: “In the process of combustion due to the excessive heat and heat accumulation on the heat line for the prevention of the dynamics of books near the underground first floor, it shall be determined as follows: “In the process of combustion due to the heat and heat accumulation by the continuation of electricity;” and the Busan District Fire Station determined as follows: “In the course of the investigation, one of the electric wires distributed to the cable tracks installed in the corridor gate located in the corridor gate on the underground first floor was caused by the sprink which was caused simultaneously by the sprink.”

C. On the other hand, a lot damage insurance company shall pay KRW 99,626,97 to Defendant Dongyang Pream as insurance money pursuant to the fire insurance contract with Defendant Dongyang Pream.

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