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(영문) 부산지방법원 2015.06.05 2014가단64628
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by taking into account the whole purport of the pleadings as a result of the commission of delivery of each document to Gap's 2, 4, and 11 (including the number of branches), the Busan East chief of the District Court, the Busan East Chief of the District Court and the Chief of the Busan East Coast Guard.

The plaintiff leased and resided in 1 column of the multi-family house located in Busan Dong-gu D (hereinafter referred to as "the plaintiff's room") from C.

B. The Defendant, as the owner of the fourth-story building located in Busan Dong-gu, Busan, which was adjacent to the above multi-family house, installed a simple warehouse (hereinafter “instant warehouse”) in an empty space of approximately five square meters between the above multi-family house and the above four-story building.

C. F leased the instant warehouse from the Defendant 15 years prior to the 15-year period to KRW 400,000 per annum, and used it for the purpose of storing various construction materials, tools, etc.

On February 24, 2014, at around 17:14, a fire (hereinafter “the fire of this case”) occurred in the instant warehouse. On the other hand, around the Plaintiff’s room abutting on the wall and entrance of the instant warehouse, the Plaintiff’s and the inside and outside parts of the Plaintiff’s room and its internal clothes, bags, etc. were abandoned.

E. Meanwhile, the warehouse of this case, on the other hand, installs a steel-entry door on the front side abutting on the road, prevents entry and exit from the outside by creating a light photo board on the rear side, and put the joint board on the floor to the upper part of the roof, and form aground for the sand position panel of the representative roof on the roof.

F. As a result of the identification of the instant fire fighting report on the cause of the instant fire, the purport is that “it may have been emitted by the unsatisfing of tobacco but the correct cause of combustion may be unsatisfyed,” and the result of the fire appraisal by professors G and H at the unsatf University G and Professor H, which is far away from the combustible materials on the outside floor of the area after the warehouse of the instant case, and thus, the joint board and upper part of the front part of the warehouse of the instant case.

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