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(영문) 부산지방법원 2020.11.12 2020나49041
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Facts of recognition;

A. On October 16, 2017, E entered into a lease agreement with the Defendants to lease the first floor “G” (hereinafter “G”) among the third floor buildings located in the 3rd floor located in Daegu Northern-gu, Daegu-gu, which are jointly owned by the Defendants, with respect to the instant store (hereinafter “instant store”). From November 1, 2017, E concluded a lease agreement with the Defendants to lease the deposit amount of KRW 20,000,000, monthly rent of KRW 1,300,000, and the period of November 1, 2017 to twenty-four months (hereinafter “instant lease agreement”).

B. On January 13, 2018, 04:10 during the instant lease agreement period, a fire occurred in the outer part of the entrance of the toilet in the instant store near the entrance of the toilet in the instant store (hereinafter “the instant fire”).

C. On January 30, 2018, a specialized fire-fighting investigator affiliated with the Daegu Regional Police Agency appraised the instant fire as follows.

1) In light of CCTV images and on-site burning shapes inside the instant store, the point in which the size of the A space in the attached Form No. 1 of Map No. 1 (hereinafter referred to as “the point in question”) is emitted is called the point in

2) At the time of the instant fire, the instant store was in a state of wooden covering the interior wall of the table, the passage and wall of the entrance of the toilet, and the ceiling of the instant shop, which were not used on the side of the toilet, and was placed in a state of timber on the side of the repair gate window, which was not used on the side of the toilet.

After the instant fire, the degree of burning the ceiling of the A space area was identified in the most severe form, and electric wires were installed in the ceiling vacant space, but the electric wires were identified in the electric wires.

3 수사상 인적 요인이 완전히 배제될 경우, 이 사건 화재는 시설된 전선의 전기 스파크에 의한 전기적 발화를 원인으로 발생한 것으로 추정되며, 위 용융흔은 연소전 눌림이나 꺽임 등 절연피복을 손상시킬 만한 외적인 요인에 의해 형성되나, 현재 연소 변형되어 전기적 특이점의 형성 원인을 알 수 없다.

E. On the other hand, the conclusion of the fire site survey document prepared by the Daegu Northern Fire Fighting Unit is the case.

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