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(영문) 서울중앙지방법원 2020.02.18 2019가단5036335
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. (i) In the instant fire accident occurred, the third floor building D located in Gyeonggi-do (hereinafter “instant building”) owned by Nonparty E, and Nonparty F leased part of the first floor of the instant building on August 31, 2018, and operated the restaurant (hereinafter “instant restaurant”) with the trade name “G Hop” around August 31, 2018.

around 02:47 September 8, 2018, Nonparty F, who finished the business of this case, arranged and laid off the kitchen of the restaurant of this case. From around 03:01:47 to around 03, 00, Nonparty F presumed from the restaurant room of this case that: (a) from the point of origin of the fire of this case, he expressed the entry-type workshop for storage of food materials (hereinafter referred to as “Walk-in”), shock-type freezing-type, shock-type freezing-type, Namyangyang-ju Fire Fighting Station and Namyangyangan Police Station, the said shock-type freezing-type freezing-type, as “kim-type,” and presumed the fire of this case as the point of origin of the fire of this case.

The damage evaluation statement of this case (Evidence No. 2 of this case), fire field investigation report (Evidence No. 5 and 7 of this case), and fire proof report (Evidence No. 6 of this case) refer to the freezing shock of this case.

Since 03:02:58, the occurrence of a fire occurred from 03:03:03 to 58 following the occurrence of a variety of sprinks among the Frezer and sprinks (hereinafter referred to as “fresh shock cases”). A fire accident occurred in part of the instant restaurant building, restaurant house facilities, movable property, etc. inside the instant restaurant building caused fire.

(hereinafter “instant fire”). B.

The results of the fire investigation of the Namyang Fire Fighting Station and the Namyang Coast Police Station are as follows: (i) the fire incident of this case was investigated; (ii) the point of emission was presumed to be the freezing shock case of this case installed inside the kitchen of the restaurant of this case (No. 7 of this case, No. 9 of the fire site inspection report); (iii) the emission factors were generated several times at the presumed emission point (free storage and freezing shock); and (iv) the freezing shock case;

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