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(영문) 서울고등법원 2016.09.22 2016재나28
손해배상(기)
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.

On March 9, 2011, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 10 million, monthly rent of KRW 300,000,000, and from March 10, 201 to March 10, 201, with respect to the first underground floor (hereinafter “instant commercial building”) among the above-ground buildings B between the Defendant and the Government-si, and was handed over by the Defendant around that time.

B. From March 10, 2011, the Plaintiff operated a billiard in the instant commercial building from around March 10, 201; from June 19, 201 to June 21, 2011, the Plaintiff continued artificial construction, such as setting the picture on the inner wall of the instant commercial building.

C. From around 16:00 on June 21, 201, the Plaintiff, along with E, used a emult and a emult to the inner wall of the instant commercial building and a emult. At around 21:40 on the same day, the gas alarm system of the gas ioner installed in the instant commercial building was suspended for about 21:50 minutes on the same day as the sounder, and at around 21:50 on the same day, E was absent from the instant commercial building, and then E was fire (hereinafter “the instant fire”) along with the net explosion that the Plaintiff was at the location of electric power source to attract the lighting of the instant commercial building. Accordingly, the Plaintiff suffered from the images of up to 2:3 degrees in the telegraph.

이후 국립과학수사연구원에 의해 이 사건 화재 당시 이 사건 상가 내부에 있던 철제 원형 용기(페인트 통)에 든 액체에 대한 감정이 이루어졌는데, 그 구성물질은 펜탄, 헥산, 햅탄, 옥탄 등의 유기용제류로 인화성 액체에 해당하여 발화원(불씨, 전기스파크, 정전기, 고온체 등)에 접촉할 경우 인화 및 폭발될 수 있다는 결과가 나왔다.

E. (1) The National Institute of Scientific Investigation shall complete the physical analysis of the fire site of this case and shall be in the vicinity of the fire site where inflammable gases have been distributed in the inside of the commercial building of this case.

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