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(영문) 부산지방법원동부지원 2015.06.25 2013가합4608
손해배상(기)
Text

1. The Defendant’s KRW 272,745,630 as well as 5% per annum from July 7, 2013 to June 25, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On May 21, 2013, the Plaintiff completed the registration of ownership transfer on two buildings 7, 389-gil-ro, 389 (hereinafter “Plaintiff’s building”) with the name of the captain of the Busan-gun, Busan-gun, and produced a panel at all times.

B. The Defendant used the building owned by the Defendant (hereinafter “instant building”) located in Busan-gun, Busan-gun, 365-ro 30,000, for a warehouse, as a company operating a new launch manufacturing and sales business.

C. On July 7, 2013, around 03:12, a fire (hereinafter “instant fire”) occurred in the instant building, and the considerable part of the Plaintiff’s building was destroyed.

Plaintiff

The Korea-U.S. Insurance Co., Ltd. (hereinafter “Korea-U.S. Insurance Co., Ltd.”) established the amount of damages of the Plaintiff after evaluating the damage caused by the instant fire, and paid the Plaintiff totaling KRW 189,782,370 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, and 9, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. 1) The Plaintiff’s assertion that the instant fire occurred from the floor of the instant building. Although the Defendant had a duty of care to manage the instant building to prevent the occurrence of a fire, the Defendant neglected to do so and incurred property damage to the Plaintiff, and thus, pursuant to Article 758(1) of the Civil Act, the Defendant, the possessor of the instant building, is liable to compensate the Plaintiff for the damage caused by the instant fire. 2) The Defendant’s assertion that the instant fire occurred from the instant building, but it was not the fact that the fire occurred from the instant building, as alleged by the Plaintiff, did not mean

The fire of this case was not likely to have occurred due to electric shock, and the possibility of fire prevention by arbitrae cannot be ruled out, since there was no type of light, and all other objects were used inside the building of this case.

In this case.

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