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(영문) 의정부지방법원고양지원 2020.01.08 2019가단76562
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts are the owners of four plastic greenhouse C ground in Gyeyang-gu, Yangyang-gu, Yangyang-gu, the Defendant leased one side to D, and one side to the Plaintiff respectively. At this point, D is a trade name called “E”, and the Plaintiff operated a seller, such as working clothes, with the trade name called “F”.

On February 14, 2018:57, at the vicinity of the entrance (hereinafter “instant warehouse”) the vinyl used by D (hereinafter “the instant fire”) was destroyed by fire (hereinafter “the instant fire”) and the vinyl, which was used by the Plaintiff by putting the said warehouse in front of a fire, was also dissolved.

The fire station having jurisdiction over the fire investigation of this case determined that “The fire station did not confirm the internal electric facilities, laden goods, etc. in the warehouse because of a fire that was destroyed near the left side of the entrance of the warehouse of this case, and was identified in the smoking form of the shop-merchants in front of the nearby restaurant prior to the fire occurrence. However, the fire department determined that “the fire department did not secure physical evidence that could be specified as a cause of a fire by mixing the remainder of the fire with the remainder of the factory in the vicinity of the fire.”

[Ground of recognition] Facts without dispute, entry of Gap 1 and 6 evidence, purport of the whole pleadings

2. Determination:

A. The Plaintiff asserted that the Defendant, the owner of the instant warehouse, is liable to prepare sufficient disaster prevention facilities to prevent and expand fire on the instant warehouse, which is a vinyl that is vulnerable to fire. Thus, the Plaintiff’s assertion that the Plaintiff is liable for compensating the Plaintiff for damages of KRW 52,220,000, which occurred due to the fire in the instant warehouse.

(B) Article 758 of the Civil Act provides for the responsibility of the owner of a structure, etc.

Before determining the Plaintiff’s assertion.

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