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(영문) 인천지방법원 2019.07.10 2017가단1676
손해배상(기)
Text

1. The Defendant’s KRW 64,968,519 as well as the Plaintiff’s KRW 5% per annum from March 16, 2017 to July 10, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff leased the building located in Seo-gu Incheon Metropolitan City (hereinafter “Plaintiff factory”) and operated the meat processing and manufacturing business, and the Defendant was engaged in the metal metal milling business in the name of “D” in the building adjacent to the Plaintiff’s building (hereinafter “Defendant factory”).

B. On September 18, 2016, around 21:08, a fire (hereinafter “instant fire”) occurred in the front part of the Plaintiff’s factory and the front part of the Defendant’s factory, which is located in the outer part of the Defendant factory, and the front part of the Defendant’s factory, and the Plaintiff’s factory adjacent to the Defendant factory was burned, and accordingly, the Plaintiff’s factory was destroyed by the machinery, movable property, facilities, and fixtures of the Plaintiff’s factory.

C. The National Scientific Investigation Institute, which assessed the point and cause of the fire of this case, concluded that “if the Defendant factory, limited the part of the tank oil tank installed in the outer side of the factory to the point of origin. Only the part of the static cable and the electric wires adjacent to the electric wires loaded on the outside side of the pumps installed at the bottom of the tank, are concentrated, and where the electrical and mechanical peculiar characteristics are not clearly identified inside the mother house, it is reasonable to view that the possibility of combustion was generated by the electrical factors occurring on the outside of the pumps if it is excluded from the possibility of occurrence due to human factors.”

The Incheon Western fire fighting team, which investigated the fire site of this case, concluded that “the combustion part can be limited to the vicinity of the D mitc oil tank, and the distribution line of fuel pumps and air-conditioning pumps and air-conditioning pumps, and the distribution line of mitc oil pipelines are found to have concentrated, and thus, it is presumed that the fuel tank part can be found to have been caused by the non-verification in the mitc tank and static cable.”

【In the absence of any dispute, Gap’s 1 through 3, Gap’s 8, Gap’s 12 through 15, Eul’s 1 and 2, and the purport of the whole pleadings

2. The occurrence of liability for damages.

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