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(영문) 인천지방법원 2019.06.25 2017가합60252
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the owner of the 7th floor factory building on the land of Bupyeong-gu Incheon Metropolitan City, and the Plaintiff is a corporation that manufactures electronic equipment and e-mail equipment by leasing the 2,229 square meters of the three-story factory among the above buildings (hereinafter “instant factory”).

B. On July 25, 2017, a fire inside the instant factory (hereinafter “instant fire”) occurred.

【Legal basis for recognition】 Evidence Nos. 1, 2, and B’s Evidence Nos. 1 through 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the cause of the instant fire was revealed clearly.

The Defendant, who owned the Defendant, sustained damages from the instant fire due to the defect in the structure of the electrical electrical outlet installed inside the factory of this case and the defect in the singler’s non-working structure, and thus, the Defendant is obligated to compensate for the total of KRW 248,507,497, which is the total of KRW 194,730,400,000, and KRW 194,730,497,497, and KRW 43,377,00,00 due to the fire of this case’s fire.

B. The Defendant’s assertion that the fire in this case occurred due to the Plaintiff’s fault, and that the damage was caused and expanded due to the defect of the electrical container and the defect of the sprinkler’s failure, and the amount of damage claimed by the Plaintiff cannot be recognized.

3. Determination

A. First of all, we examine the causes of the instant fire.

According to the statement Eul evidence No. 4, the fire site investigation document prepared by Eul of the D company Eul stated that ① the deputy head, who is the plaintiff's employee, has filled in the work site to re-import it from China at around 19:30 minutes prior to the previous 19:30 minutes prior to the date that the plaintiff's employee left the work site by filling in the work site and filling in the work site. ② The shotton, which was burned around the charging work site, was observed, ③ the fire occurred from the point of work site Lithium, and ④ fire prevention, mechanical factors, care, etc.

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