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(영문) 인천지방법원 2016.02.19 2015가합58
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. Basic facts

A. On April 13, 2009, Defendant B leased to the Plaintiff a building for steel structure of the Incheon Bupyeong-gu D ground (hereinafter “E building”) with the term of lease from May 15, 2009 to May 14, 201.

In the vicinity of the above building, the steel pipe building owned by Defendant C Co., Ltd. (hereinafter “Defendant C”) (hereinafter “Defendant C”) in which Defendant B serves as the representative director is located.

The location of each building above shall be as shown in the attached Form.

B. On April 6, 2014, a fire occurred on the D ground of Bupyeong-gu Incheon Bupyeong-gu, Incheon around 16:00.

The defendant C building that was moved to the defendant C building was removed from the French length, and the fire was destroyed by the E building again to the E building and the work machinery, etc. inside the building owned by the plaintiff.

(hereinafter referred to as “instant fire”) C.

The results of the relevant agency’s identification of the instant fire are as follows.

1) Comprehensively taking account of the fact that the instant fire, among the Defendant C’s buildings, was burned mainly between the end portion of the right-hand building and the Hhands located adjacent thereto, it is presumed that the instant fire was burned around the end portion of the Defendant C’s right-hand building or the part on the air space, but it is not specific to specify the point of combustion. (ii) The National Scientific Investigation Institute of Korea and the point suspected of emitting electric safety as the source of the electric safety, but the specific point of combustion and the cause of combustion cannot be specified on the ground that there was no discovery of special features.

[Ground of recognition] The fact that there is no dispute, Gap's 2-4 evidence, Eul's 1-8 evidence and video, appraiser's appraisal result, the whole purport of pleading

2. The Plaintiff’s allegation that the instant fire occurred in Defendant C’s building owned and possessed by Defendant C.

The defendant C's building was composed of inflammable substances that can be burned, and there were combustion factors such as mastru and rewing oil in its inside.

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