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(영문) 서울중앙지방법원 2015.11.12 2014가합48700
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was engaged in the sales business such as visibility in Jongno-gu Seoul Metropolitan Government (hereinafter referred to as “instant store”) with the trade name “D” (hereinafter referred to as “D”) and the Defendant served in the precious metal store “F” in Jongno-gu Seoul Metropolitan Government E.

B. From May 8, 2014, the Defendant 22:44 around May 22:4, 2014: (a) dusted and fluorddded luent oil in order to have the abolition, etc., which was loaded on the front side of the instant store at a place less than one meter away from the street store in front of the instant store.

From 23:04 on the same day, the Defendant arranged the site, such as rootsing water and melting water, and left the above site on the same day at around 23:25 on the same day.

C. On May 9, 2014, around 2:33, a fire occurred in the instant store (hereinafter “instant fire”) and the Plaintiff’s goods, etc. stored in the store were destroyed, and the closed circuit 2 of the closed circuit (CCTV) video was dissatisfying the instant fire site, but only the motion direction was initiated, and the process of the fire was not continuously recorded.

Around 1:05 on May 9, 2014, the instant store and the store store store have been postponed, and the flame was observed on the side side of the store store and store store store store around 1:54 on the same day.

1. After investigating the fire site of this case on May 9, 2014, the paper fire fighting unit was in the position of blocking power distribution teams installed on the right side wall inside D with regard to the determination of the cause of the fire: “In the front of the D shop presumed to be fire fighting point, the fire fighting unit is presumed to be a fire expanded to a nearby store through a wooden roof trusses and pentstones by putting the waste and waste into the sales unit,” and “the ground for the determination is as to the ground for the determination”. According to the resident A’s statement, all of the fire fighting units was cut off at the time of leaving, the exhaustr was not found in the part connected to the studs location, such as the contact with the right side wall of the D entrance where the fire fighting unit occurred, and the exhaustr was not discovered.

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