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(영문) 울산지방법원 2015.02.11 2013가합2326
채무부존재확인
Text

1. In relation to the fire accident listed in the attached Form, the Plaintiff’s obligation to the Defendant (Counterclaim Defendant) against the Defendant (Counterclaim Defendant) is as follows.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The parties’ relationship (1) The Plaintiffs are married couple, and Plaintiff B is the owners of Class II neighborhood living facilities (hereinafter “instant building”). The Plaintiffs are joint business operators of the building in question, who manufacture the model of vessel, etc. in their trade name. The Plaintiffs are joint business operators of the building in question.

(2) H is the owner of Ulsan-gu I, the immediately adjacent site to the instant building. Defendant C and D are those who leased the said site from H to build a new building on that ground and engage in wholesale business in the name of “J” in that building.

(3) Defendant E is a person who engages in the retail business of automobile-related articles with the trade name of “L (M)” on the ground by leasing Ulsan-gu K and constructing a building on that ground.

B. (1) On January 26, 2013, around 07:06, a fire occurred in the instant building, and the said I-Ground building (hereinafter “J building”) was moved to another building on the ground of the instant building, which was an adjacent building. In other words, the said K-ground building (hereinafter “M building”).

(2) The fire that occurred in the instant building was destroyed by the said J building and the said M building, and each building was destroyed by fire and the office fixtures, products, etc. being stored in each building were destroyed.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6 (if there is an additional number, including each number; hereinafter the same shall apply), the purport of whole pleadings

2. The parties' assertion

A. (1) The plaintiffs (1) since the fire of this case occurred due to an unforeseen cause, it cannot be deemed that the fire of this case was caused by the defect in the construction and preservation of the building of this case newly constructed by the plaintiffs, and it cannot be deemed that there was any negligence on the management of the building of this case. Thus, the plaintiffs are not liable to compensate for the damages caused by the fire

(ii).

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