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(영문) 의정부지방법원 2013.12.06 2012가합11560
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 9, 2011, the Plaintiff entered into a lease contract with the Defendant for the first floor underground (hereinafter “instant commercial building”) among the above-ground buildings (hereinafter “instant commercial building”) with respect to KRW 10,000,000, monthly rent of KRW 300,000, and the term of lease from March 10, 201 to March 10, 201, and received the instant commercial building from the Defendant around that time. The instant commercial building was operated in the instant commercial building with the trade name “D,” and thus, the Plaintiff indicated “a lease contract in the form of modern facilities” as the special terms and conditions in the instant lease contract.

B. From March 10, 2011, the Plaintiff operated a billiard in the instant shopping mall, and from June 19, 201 to June 21, 201, the Plaintiff carried out the interior construction of the instant shopping mall (hereinafter “instant construction”) by, for instance, setting the picture on the inner wall of the instant shopping mall from June 19, 201 to June 21, 201.

C. From around 16:00 on June 21, 201, the Plaintiff, along with E, used the instant shopping district’s inner wall and a sphere with E, with the same birth. On the same day, around 21:40 on the same day, the gas alarm system of the gas ioner installed in the instant shopping district was suspended from work around 21:50 on the same day.

After the suspension of the above work, E was missing from the commercial building of this case, there was a fire (hereinafter “the fire of this case”) along with the net explosion that the Plaintiff left the power source location to turn off the lighting of the commercial building of this case, and due to this, the Plaintiff suffered the images of two degrees or three degrees in telegraph.

한편, 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...

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