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(영문) 수원지방법원 안산지원 2018.01.25 2016가합7088
손해배상(기)
Text

1. The Defendant’s KRW 163,040,882 as well as the Plaintiff’s KRW 5% per annum from December 5, 2015 to January 25, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in mechanical parts manufacturing work with the trade name of “E” in part of the second floor building located adjacent to the D-ground reinforced concrete structure and brick sloping roof building (hereinafter “C’s building”).

The above 2nd floor building was extended by C on November 2002 by using the sandbrid position panel.

B. The Defendant is a person engaged in the manufacturing of products using the trade name “H” from the time when the date prior to December 30, 1995 cannot be known from part of the factory building on G’s ground to part of the second floor of 1st, in the Silung City owned by F with the adjoining road of the volume of the above building and four meters.

The Defendant installed a string in a space between F’s building outer wall and wall (hereinafter “instant space”) and installed a tent or sand position panel on the top of the instant space.

C. A fire occurred in the instant space around 04:48 on December 3, 2015, and around 04:57 on the same day, the Plaintiff’s machinery, etc. was destroyed at the Plaintiff’s household building, which was located therein.

(hereinafter referred to as “the instant fire”). [Attachment ] - without dispute, Gap evidence 15, 16, Eul evidence 6, Eul evidence 1, Eul evidence 3 through 5, 9, and 10 (including each number), each video of this court, the Silung Police Station of this Court, and the Silung Fire Station of this Court, and the purport of the whole pleadings.

2. The parties' assertion

A. Plaintiff 1) The instant fire occurred due to the defect in the installation and preservation of a exhaustr or cable located in the instant space occupied by the Defendant. Even if not, the Defendant did not install fire prevention facilities, etc. in the instant space, and stored combustible materials, such as rubber, in front of the instant space, thereby expanding the instant fire. Accordingly, the Defendant is therefore the Plaintiff.

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