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(영문) 수원지방법원안양지원 2019.02.13 2017가단8966
손해배상(기)
Text

1. The Defendant’s KRW 8,052,50 for the Plaintiff and the following: 5% per annum from October 3, 2018 to February 13, 2019.

Reasons

1. Basic facts

A. In December 2013, 2013, the Plaintiff leased land D and E in Ansan-si, Ma and E, and installed 8 Dongs on the ground, indicated in the attached drawings, and among them, operated the business with the trade name “F” from three greenhouses of B Dong, which were “F”.

(hereinafter referred to as “the Plaintiff’s vinyl house”) b.

The Plaintiff leased to C, instead of paying rent, the plastic houses on the ground specified in the attached drawing A and C, and the Defendant installed three containers inside the plastic houses on the ground specified in the attached drawing A and used them as the office, etc. (hereinafter referred to as “Defendant plastic greenhouse”).

On January 6, 2016, around 23:24, the fire (hereinafter “instant fire”) occurred inside the container inside the Defendant’s vinyl house, and was burned to the Plaintiff’s vinyl house or the Defendant’s vinyl house.

As a result, the defendant's plastic greenhouse and internal house fixtures were destroyed by losses.

7. The point of combustion and the point of combustion expansion is presumed to have been emitted near the entrance of the Defendant’s container to have been burned up. 8. Fire causes review is likely to have been conducted on the ground that the entrance was installed at the entrance of the vinyl road, and the entrance was corrected, but the vinyl could easily access the entrance to another way, and that the container entrance was set off in an open space, and the possibility of fire prevention cannot be ruled out. Electric factors - the fact that the inside air conditioning and the computer of the container were supplied at all times, the fact that the owner was not OFF at all times, and that the air conditioning system was not OF at the presumed point of combustion, and that there was no air conditioning system at the presumed point of fire outbreak. The possibility of gas leakage is likely to be discovered in view of mechanical factors - the fact that there was no fire-resistant container inside the container.

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