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(영문) 수원지방법원평택지원 2014.12.10 2013가합7815
채무부존재확인
Text

1. In relation to a fire that occurred around February 6, 2013 at the building listed in the separate sheet, the Plaintiff against the Defendant.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings as a whole in each entry in Gap evidence Nos. 1, 2, 2-2, 3, 9, and 11.

On December 15, 2010, the Plaintiff: (a) leased some of the buildings listed in the separate sheet (hereinafter “instant building”) from C, and operated D Oriental Medicine (hereinafter “instant Oriental Medicine”); (b) around December 2010, the Defendant leased a part of the first floor of the instant building (around 62.74 square meters) from C and operated E retail stores (hereinafter “instant retail store”).

B. On February 6, 2013, around 20:12, the Plaintiff: (a) installed the locking device of the instant herb bank; and (b) left the instant herb bank; (c) around February 6, 2013, around 3 hours and 40 minutes thereafter, the Plaintiff destroyed the facilities inside the instant building, house fixtures, movable property, etc., including the retail store in the instant herb bank, and was destroyed by fire on February 6, 2013.

(hereinafter “instant fire”). C.

On the other hand, the electrical source code was connected to the container installed on the left-hand side of the entrance of the center of the instant herb bank, but the shotle was identified at the end of the above electric source code collected at the fire site of this case.

2. Summary of the parties' arguments;

A. (i) According to F’s statement, the first witness of the instant fire, the point of extinguishment of the instant fire is not the contact room installed at the entrance of the president of the instant herb bank, but the inner windows inside the president, and even based on the fire appraisal report prepared by the National Institute of Scientific Investigation and Research, the margin of the electric wires might occur in the process of melting the clothes of the electric wires with the flame at the time of the instant fire, and it is impossible to determine whether the instant fire is related to the outbreak by the inspection itself. In light of the above, the cause of the instant fire is irrelevant to the electric dyra in the president room.

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