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(영문) 광주고등법원 (전주) 2017.03.23 2016나10167
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following ‘2. Additional determination' as to the assertion that the plaintiff emphasizes or adds to this court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. In light of the following facts and circumstances, even if the Plaintiff’s assertion or additional evidence submitted by this court, it is difficult to deem that the judgment of the first instance court was followed and the instant fire was proved by the Defendant’s possession.

① The Plaintiff asserts that, in light of the fact that the boundary wall between J and the Defendant’s warehouse is infinites, and that the method of spreading a fire is horizontally spreading after vertical diffusion, if a fire occurred in J, it would have been infinites inside the Defendant’s warehouse after leaving the ceiling of the J warehouse in the private way. At the time of witness’s witness, the Plaintiff asserted that such fact was not confirmed even through images.

However, there is no evidence to acknowledge that the boundary between J and the defendant's warehouse was an incombustible stronger.

In addition, due to fire, it is not easy for witnesses to have a tent outside the building before a certain degree of the structure was collapsed. Therefore, witnesses did not have been present at the time.

It is difficult to readily conclude that there was no tent inside the J or the defendant warehouse solely on the ground that the image is not confirmed.

② The Plaintiff asserts that there was a product that may pose a risk of fire, such as electric appliances and heating apparatus, in the Defendant warehouse.

However, the descriptions of Gap evidence 32 and 38 alone can be deemed that there was an electric product that can cause a fire, such as a heating apparatus, in the defendant warehouse at the time of the fire in this case.

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