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(영문) 의정부지방법원 2017.08.09 2015가합53824
손해배상(기)
Text

1. Defendant B and C jointly share KRW 347,467,322 with the Plaintiff and their interest from June 3, 2015 to August 9, 2017.

Reasons

1. Basic facts

A. 1) The Plaintiff is a person who manufactures and sells any mixture products, household goods, etc. with the trade name “E,” and the Plaintiff is a person who manufactures and sells any mixture products, household goods, etc. on the basis of the trade name “E,” and is 4,724 square meters prior to

2) As to the ground prefabricated-based sand site panel, the prefabricated-dong warehouse (hereinafter “instant damaged warehouse”)

(2) Defendant B, a person manufacturing the above warehouse with the trade name of “G” as the raw materials of laundbball and finished goods, etc., was using the above warehouse, and Defendant C, a person engaged in electric wire distribution business under the trade name of “H,” and a person engaged in prefabricated-type sand position panel operation warehouse (hereinafter “Dong”) on the land of this case, respectively, uses the above warehouse by leasing it.

3) Defendant D is a person who leased each of the above warehouses, and is the owner of each of the above warehouses and 1/2 shares in the instant land. B. On June 3, 2015, around 12:51, the occurrence of a fire and a fire on the ground that combustible materials, such as household garbage and paper stuffs, which were loaded between the operating warehouse and the Nadong warehouse, are presumed to have been generated as a chemical substance (hereinafter “instant fire”).

As a result, each of the above warehouses was removed, and the plaintiff suffered losses caused by fire, such as laundry, which was kept in the damaged warehouse.

C. Main contents of the fire site investigation in preparation of a fire station on the cause of the instant fire are as follows.

Considering the common witness statement of on-the-spots related persons, celebling phenomenon by the heat of the steel frame structure adjacent to the same warehouse, and the degree of fire, etc., it is presumed to be a burning of an adjacent building as it is generated from the loaded points such as household garbage and paper between the operating warehouse and the Nadong warehouse. Fire possibility is presumed to be a burning of an adjacent building: a burner between a operating warehouse and a Nadong warehouse presumed to be an emission point.

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