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(영문) 인천지방법원 2017.02.10 2015가합57917
손해배상(기)
Text

1. Defendant I: (a) KRW 189,795,819; (b) KRW 22,248,303; (c) KRW 41,478,433; and (d) Plaintiff D. 28.

Reasons

1. Basic facts

A. Of the first floor of Yeonsu-gu Incheon Metropolitan Government J. 601 (hereinafter “instant commercial building”), Plaintiff A operated a general restaurant (hereinafter “the frequency of this case”) with the trade name “K” in 105 and 106, Plaintiff B, “L” in 102, Plaintiff C, “M” in 110, and Plaintiff D, “N” in 125, respectively. Defendant I operated a general restaurant (hereinafter “the frequency of this case”) with the trade name “O” in 103 and 104 from May 24 to March 28, 2015.

On the other hand, Defendant F leased each of the above units to Defendant I as the owners of the above units 104, Defendant G, and H as the owners of the above units 103.

B. However, around 06:00 on March 28, 2015, a fire (hereinafter “instant fire”) occurred in the instant commercial building, and the Plaintiffs and Defendant I destroyed a part of each shop operated by each of the Plaintiffs and Defendant I and the things inside the shop.

(A) The grounds for recognition are as follows: (a) there is no dispute between the parties with respect to the origin of a fire and points of a fire; (b) the entry of Gap evidence 1 through 4 (including the number of branch numbers; hereinafter the same shall apply), Eul evidence 1, Eul evidence 2 through 5, Eul evidence 1, 2, Eul evidence 2-1, 2-2, and Eul evidence 2-1, 2-1 and 2; and the purport of the whole pleadings;

2. The plaintiffs asserted that, on the premise that the fire of this case occurred due to electrical factors in the part around the water tank control tower around the front right part of the frequency of this case, the plaintiffs asserted to the effect that as to the main defendant I, the owners of the above electric facilities, etc., they are liable to compensate for tort under Article 750 or 758 of the Civil Act, and as to the conjunctive defendant F, G, and H, the owners of the above electric facilities, etc., for tort liability under Article 758 of the Civil Act.

As to this, Defendant I and his assistants are the plaintiffs on the cause of the fire of this case.

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