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(영문) 서울고등법원 2015.11.12 2015나443
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court shall explain this case in this case are as follows. ① Among the judgment of the court of the first instance, between the 19th and 20th among the judgment of the court of the second instance.

(3) The following 2 lines between the 12 pages 6 and 7 shall be added:

The reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance except addition of a claim.

2. Parts to be dried;

A. The Defendant’s assertion that the fire in this case was not caused by the electrical power failure of the front line of the building A (a) (the Defendant asserts that ① the electric power failure line from the main body installed inside D to H, I, J, and K stores was scattered through the electric cable duct, and that the possibility of fire was low due to the heat of the electric wires located in metal, and ② the possibility of the fire in this case was not prevented by ethyl alcohol, etc., which is inflammable substances handled at H stores at the time of the fire, and ③ the fire warning of this case was supplied normally at D, H, and I stores at the time of the fire, and thus, it cannot be deemed that the electrical power failure to be caused by the fire in this case.

According to the evidence No. 2-7 of this case’s fire occurrence, it can be acknowledged that S, which operates H at the time of investigation into investigation agency after the occurrence of this case’s fire, stated that it was immediately supplied under the order of ethyl alcohol. However, the above recognition alone is insufficient to acknowledge that the fire of this case was caused by ethyl alcohol handled in H, and there is no other evidence to prove otherwise.

In addition, according to the fact-finding results of the first instance court's fact-finding on theO of the first instance court, the electric power distribution lines sealed in D are divided into H, I, J, and K stores, respectively.

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