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(영문) 서울서부지방법원 2020.02.07 2018가단232778
손해배상(기)
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. On June 25, 2018, around 13:30, a fire (hereinafter “instant fire”) occurred in Yongsan-gu Seoul Metropolitan Government D shopping mall (hereinafter “instant shopping mall”).

B. While the Plaintiff was operating a store with clothes in the name of “E” on the 1st floor of the instant commercial building (hereinafter “E store”), it is a person who suffered damage, such as a fire, a wall, boiler, aircom frame, and various collection equipment, etc., of the instant fire.

C. Defendant B is the operator of the F Pharmacy located outside of the instant commercial building, and owned the air conditioner of the F Pharmacy located outside of the instant commercial building (hereinafter “instant air conditioner”).

The council of occupants' representatives of Defendant C apartment council (hereinafter referred to as the "Defendant's representative council") is a management body of G apartmentH, Yongsan-gu, Seoul, which is located subsequent to the instant commercial building, to manage the partitions and doors (hereinafter referred to as the "the partitions and doors of this case") located between the instant commercial building (including the outdoor equipment of this case) and the said apartment building.

[Grounds for Recognition] Unsatisf

2. The Plaintiff’s assertion that the fire of this case was burned from the outdoor equipment owned by the Defendant B to the Plaintiff’s store of this case.

The Defendant’s council of occupants’ representatives set up the partitions and door of the instant case, but the instant fire was spread due to the measures taken by the Defendant’s council of occupants’ representatives.

Therefore, the Defendants jointly have a duty to compensate the Plaintiff for KRW 45,00,000, out of the damages incurred by the Plaintiff due to the instant fire.

3. Determination

A. The content of the fire site inspection report prepared by the fire station, which sent out to the designated fire 1 of this case, extinguishing the fire of this case, on the fire of this case, is as follows.

VI Determination of the point of origin

1. Articles of clothes repair shop in the aspect of the statement of the person concerned.

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