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(영문) 서울남부지방법원 2014.07.24 2014가합1288
손해배상(기)
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the owner of the second floor of the general steel structure sloping roof in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “Plaintiff’s factory”), and Plaintiff B is the Plaintiff Company (hereinafter “Plaintiff Company”) that produces steel materials, etc. in the above plant.

The defendant is the owner of the three-story factory of the general steel structure slopedy roof (hereinafter referred to as the "Defendant factory") located in Yeongdeungpo-gu Seoul Metropolitan Government E-1 adjacent to the plaintiff's factory.

B. The Defendant leased the Defendant factory to F, and F produced metal products in the name of “G” at the Defendant factory.

C. On November 22, 2013, when F leased and used the Defendant factory, a fire was caused on the second floor of the Defendant factory (hereinafter “instant fire”) and the fire was destroyed by the materials, etc. stored by the Plaintiff’s factory and the Plaintiff Company.

The National Institute of Scientific Investigation, which investigated the fire of this case, determined that the fire of this case "the fire of this case is presumed to be the middle floor of the factory of this case, but it is likely that it was first launched inside the office of the defendant's second floor, but it is not recognizable, and it is impossible to specify the specific origin and origin of the fire in a situation where the electrical characteristics are not recognizable in the electrical equipment and ship, and the electrical characteristics are not identified in the electrical equipment and ship inside the above office," and in the Seoul Young Military Fire Station, "the fire of this case is presumed to be the fire of this case as the middle floor of the defendant's factory of this case, but the internal carbon level is serious, and the possibility of combustion due to the electrical factors and negligence cannot be ruled out all." The Seoul Young Military Police Station concluded that the fire of this case of this case was "the fire of this case is the fire of this case, which is the cause of the accident, and it is difficult to identify the cause of the fire."

[Reasons for Recognition] Facts without dispute, Gap 1, 7, 9, 12, 13 evidence, Eul 2 and 3 (including partial numbers), and arguments.

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