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(영문) 인천지방법원부천지원 2014.12.24 2014가합1804
손해배상(기)
Text

1. The Defendant: (a) KRW 370,382,061 to Plaintiff A; (b) KRW 113,810,007 to Plaintiff B; and (c) KRW 113,810,007 to the said money.

Reasons

1. Basic facts

A. The plaintiff A is the owner of the building D (hereinafter referred to as the "the building of this case") in Bupyeong-gu, Busan (hereinafter referred to as the "the building of this case") and operates the private company of "E" and the plaintiff company in this case.

B. On November 18, 2013, the Defendant was a manufacturer of electronic equipment located in the Orecheon-gu F. Around 23:56, at around 23:56, the Defendant destroyed the passage, etc. of the above elevator due to fire, and moved to the instant building located at intervals of approximately 1.5 meters between the non-breadth building and the Defendant’s building and the instant building located at intervals of about 1.5 meters, in a water tank scambling pipe installed adjacent to the above elevator passage.

(hereinafter “instant fire”). C.

Due to the fire of this case, movable property, such as machinery, equipment, and fixtures owned by the plaintiffs in the building of this case and the building of this case, was destroyed by fire.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion that the fire of this case occurred due to defects in the use and management in the water tank fabrication plant installed adjacent to the cargo elevators of the defendant's building and the elevator passage. Thus, the defendant is liable to compensate the plaintiffs as the possessor of a structure under Article 758 (1) of the Civil Code or a tort under Article 750 of the Civil Code.

B. The Defendant’s assertion is not only insufficient grounds to deem that the instant fire occurred in the Defendant’s building, but rather is highly likely to have destroyed the Defendant’s building by extinguishing the fire from the instant building, and there is no defect in the use and management of the instant fire. Therefore, the Defendant’s claim for damages cannot be complied with.

3. Occurrence of liability for damages;

A. At the time, G, the first witness of the instant fire, at the time, reported to the 2 and 3th floor of the Defendant Building at the time that the instant fire occurred.

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