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(영문) 수원지방법원안산지원 2020.12.23 2019가단9804
공장화재에 의한 손해배상 청구
Text

1. The Defendant’s KRW 11,275,170 as well as 5% per annum from September 12, 2019 to December 23, 2020 to the Plaintiff.

Reasons

1. The Defendant, since around 2004, leased three buildings located in C and D from E in each of the above buildings and operated the F-based household factory in the name of “F” in each of the above buildings.

On September 7, 2017, around 04:01, the fire occurred and the machinery, furniture, and furniture of the plaintiff's factory adjacent thereto were destroyed by fire.

(hereinafter “instant fire”). The amount of damages suffered by the Plaintiff due to the instant fire is KRW 37,583,900.

[Ground of recognition] Facts without dispute, Gap 3, 6, 9, Eul 2-1 through 2-4, purport of the whole pleadings

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence cited prior to the extinguishment of the instant fire, as well as the written statements and the purport of the entire pleadings, it is reasonable to view that the instant fire was burned up to the building that was occupied by the Defendant’s possession of the FF Foundation assembly building (in the case of a wave D, it was burned up to the Plaintiff’s factory and its surrounding factory building, etc.).

G residing in approximately 140 meters away from the fire site of this case was discovered on September 7, 2017 from the 04:00 on the side of the F Foundation assembly building, and reported to 119.

G explained at an investigative agency that, on the back of the part of the F’s foundation assembly operation (see the following forests), a fire was seen in the H direction, that the size of the fire was expanded to the outside of the entrance between 10 minutes and the entrance direction, and that the F’s dried color operation and the f’s gyming operation when more than 10 hours elapsed.

When fire officers arrive at the fire site, the part of the Foundation assembly building, which is marked as the "explosion point" from the above forest among the F factory buildings, was sponsed, and the container office, the dry painting and the sprinking sections were in the process of spreading burning.

As a result of checking the operational situation of the security system at the time, the key monitoring device of F building at around 04:00:40 on the date of the occurrence of the instant fire is set, and I after 25 seconds from that.

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