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(영문) 대전지방법원홍성지원 2016.10.12 2016가단5924
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 7, 2015, around 23:30 on the basis of the facts, a fire occurred due to the sprink or heating attached to a drying machine installed in a drying machine warehouse (hereinafter “instant warehouse”) in Chungcheongnam-nam Budget Group B owned by the Plaintiff, and the combustion was expanded due to heavy oil being stored in the instant warehouse.

(hereinafter “instant fire”). On October 7, 2015, the Plaintiff reported a 119 fire around 23:54 on October 7, 2015, and the fire officers, fire-fighting vehicles, etc. dispatched from the budget and fire-fighting units belonging to the Defendant arrive at the fire site around 00:05 on October 8, 2015.

The instant fire was extinguishmented around 00:10 on the same day, and all 0:30 on the same day.

[Ground of recognition] Facts without dispute, Gap 3, 4, Eul 1 to 3, witness C, D, E, and the purport of the whole pleadings

2. Without confirming that the fire officers belonging to the defendant fire officers belonging to the plaintiff did oil in the warehouse of this case, a small number of additives (unexploded fire extinguishing agents) suitable for oil fire are mixed, and infusing the air, there is spreading if the air is injected. The guns generated therefrom are a collection of a brupter than oil, which covers the surface of the burner, thereby blocking contact with the air, and show the qualitative effect by using water used together.

Fire extinguishing agents are effective in the extinguishing of oil fire by means of the qualitative effect, cooling effect, and the extinguishing of oil fire. A fire has been expanded on the wind using water other than water.

As such, since the fire of this case was expanded by negligence of the fire officer belonging to the defendant, the defendant is obligated to pay the plaintiff damages due to the illegal act.

3. The parties concerned have no dispute over the commencement of fire extinguishment by using water immediately after the fire officers belonging to the Defendant arrive at the scene of the instant fire.

However, the following facts and arguments are recognized or inferred by adding up the statements Eul 4 and 5 to the recognized evidence mentioned above.

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