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(영문) 서울고등법원 2016.12.08 2015나2006287
손해배상(기)
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

Based on the facts, Plaintiff A, as the owner of each building listed in the separate sheet No. 1 of the above building as the factory (hereinafter “instant factory”) and the building listed in the separate sheet No. 2 of the above building as a warehouse (hereinafter “instant building”), operated Plaintiff A and Plaintiff B (hereinafter “Plaintiff”).

The Defendant had engaged in the business of manufacturing electronic parts, etc. on the factory building of the size of five stories F in YY-gu, Bupyeongcheon-gu (hereinafter “Defendant building”). On the other hand, the Defendant’s building attached the sand position panel of one meter in a vertical line to a vertical line, thereby installing a cryping of approximately twenty meters in height, approximately two point onem in width, and approximately two point nine ninem in depth, and operated the truck for cargo.

In the front section of the entrance entrance, there was a vertical hole to move an elevator to mislead cargo from each floor of the defendant's building, and the water tank was installed in the rear idle space.

The structure of the sandd position panel is installed adjacent to the left side of the flag and the height is about 5m, about 1m in width, and about 2m in depth.

(hereinafter referred to as the “Winginginginging Co., Ltd.”). The instant building and the Defendant’s building are adjoining to the instant building at intervals of about about 1.5 meters from the surface where the said ging is installed.

On November 18, 2013, from around 23:47 to November 19, 2013, the occurrence of a fire in the instant building and the Defendant building continued, and as a result, the instant building and the movables, such as machinery, fixtures, etc. owned by the Plaintiffs were destroyed by fire.

[Ground of appeal] In the absence of dispute, Gap evidence Nos. 2, 7, 12, Eul evidence Nos. 19-1, 2, and 3 of evidence Nos. 19-1, 2, and 19-3, and as a result of the appraisal of the grounds for fire by the appraiser I of the trial court, the plaintiffs' assertion to the purport of the whole pleadings is based on the use and management of the fire in the cargo elevators of the defendant building and water tank scambing pipe.

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