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(영문) 수원지방법원안산지원 2020.06.10 2019가단64375
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On January 21, 2019, around 23:50, a fire (hereinafter “instant fire”) occurred on the second floor of the Y building in Ansan-gu, Ansan-gu (hereinafter “instant building”) owned by Defendant H (hereinafter “instant building”).

The first floor and the second floor of the instant building were 20 square meters of the instant building due to the instant fire, and the fire was transferred to the outer wall of Ansan-si, Ansan-si, located immediately adjacent to the instant building (hereinafter “instant loan”).

The plaintiffs are the owners of each sectional ownership of the building of this case, and the defendant I leased the building of this case from the defendant H to occupy the building.

According to the fire site survey report prepared by the Ansan Fire Station on the instant fire (BB No. 1, and the fire site survey report), the instant fire is presumed to have first ignited from the roof located in the tent of the instant building. The roof of the steel-frame structure of the instant building is vulnerable to fire due to inflammable materials, and a large number of tobacco butts were identified on the rooftop between the instant building and the apartment house adjacent to the instant building, in view of the fact that a large number of cigarette butts were identified on the rooftop of the instant building, it is highly probable that the instant fire was stuck into the tent roof of inflammable materials by a cigarette fluort.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, 6, Eul 1, Eul 1 (including each number in the case with a serial number), the purport of the whole pleadings

2. The assertion and judgment

A. The Defendants asserted that the Plaintiffs are the occupants or owners of the instant building, and have a duty to prevent the occurrence of damages due to defects in the construction and preservation of the instant building, which are structures.

However, the defendants neglected to pay attention necessary to prevent damage caused by a structure, and suffered damages, such as the details of the claim for damages in attached Form, from the plaintiffs, they are liable to compensate for the damage.

(b)when any loss is inflicted on another person due to a defect in the installation or preservation of a judgment structure.

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