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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts following the facts are either not disputed between the parties, or acknowledged in full view of the entries in Gap evidence No. 1 and the purport of all pleadings.
The Plaintiff operates a Chinese restaurant in the name of “E” in the building located in Kimpo-si D (hereinafter “instant building”). The Defendants, as married couple, sold food materials in the name of “F” in the instant building.
B. A fire (hereinafter “instant fire”) started around 11:49 a.m. on September 28, 2015 in the part of the tent installed by the Defendants on the outer wall of the instant building (hereinafter “the instant tent”). A part of the “F” store and the “E store” store were loaded on the same day, and was extinguishing around 12:10 p.m. on the same day.
2. The assertion and judgment
A. The Plaintiff’s assertion that the fire of this case occurred due to the cause, such as the electric leakage of freezing the freezing installed by the Defendants inside the instant tent, or due to the negligence on the Defendants, and even if not, the fire of this case occurred due to the defect in the installation and preservation of the instant tent and the structure stored therein. Thus, the Defendants are liable to compensate for the damages suffered by the Plaintiff due to the fire of this case.
Furthermore, the amount of damages is KRW 9,713,760 due to the damage of goods in the “E” store and KRW 7,024,00,000 as passive damages due to the decline in sales caused by the fire of this case and KRW 26,737,760, totaling 10,000,000. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of damages calculated at 5% per annum under the Civil Act from September 28, 2015 to the day when the duplicate of the complaint of this case is delivered to the Defendant, and damages for delay calculated at 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day when the copy of the complaint of this case is fully paid.
B. No. 13 and No. 7 of the allegation that the instant fire occurred due to the electric source of the freezing 1, the judgment of which was made.