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(영문) 수원지방법원평택지원 2020.07.23 2018가단50145
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner and lessor of the three units of the ground building D and E, and the Defendant B is the lessee of the Fdong of the ground building E (G building among the following floor plans) in Ansan-si, and the Defendant C is the lessee of the Hdong of the ground building D in Ansan-si, and the lessee of the Defendant C is the lessee of the “C Idong” and the “C Jdong” among the ground plans set forth below.

Defendant B installed and used a container (G container among the following floor plans) as a rest space for employees.

At the outside of Defendant CI Dong and G container, there was a iron incineration box (hereinafter “instant incineration box”) established by Defendant B for the purpose of smoking by his employees.

C G G IJ

B. On May 30, 2017, a cause unexpected fire (hereinafter “instant fire”) occurred in the “in the inside of the Defendant CIdong Co., Ltd.” or “in the vicinity of the instant incineration box,” both the two buildings and G containers leased by the Defendant C Co., Ltd. were destroyed, and part of the G building leased by the Defendant B was destroyed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 6 (including paper numbers), the purport of the whole pleadings

2. Claim against the defendant B

A. The gist of the Plaintiff’s assertion was that the fire of this case occurred due to the cause of the K’s witness K, who is an employee of Defendant B, in the vicinity of the incineration box of this case.

Therefore, as the user of the witness K, or as the installer and manager of the instant incineration box, Defendant B should compensate the Plaintiff for the money stated in the purport of the claim, which is the damage caused by the fire of this case.

B. As to whether the fire of this case occurred in the vicinity of the incineration of this case, Gap evidence Nos. 6, Eul evidence Nos. 1 and the purport of the whole pleadings and arguments No. 1, and the circumstances acknowledged by them, namely, ① The safe fire extinguishing room and the cause of the fire of this case after comprehensively examining the report of this case and witness's statements and remaining articles after fire extinguishing.

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