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(영문) 서울고등법원 2021.02.02 2017나2070268
손해배상
Text

1. Of the judgment of the court of first instance, the part against Defendant D, including the claim added by this court, is as follows.

Reasons

1. Basic facts

A. The status of the parties and the ownership and possession relationship of the factory 1) Defendant C is a legal entity that produces and supplies automobile parts, etc., and Defendant D is a legal entity that produces, imports, and sells Aluminium surface treatment systems.

2) Defendant C consists of a total of seven buildings consisting of H Dong-dong G factory site and factories on the above ground (H Dong-dong (3 floors), I Dong-dong (1 floors), J Dong-dong (1 floors), K Dong-dong (1 floors), L Dong-dong (1 floors), M Dong (1 floors), N Dong (1 floors), and Dong-dong (1 floors).

The instant factory was owned by Defendant D, on February 23, 2015, sold the said factory site and the instant factory to Defendant D, and completed the registration of ownership transfer on August 31, 2015.

3) Defendant D occupied and used a warehouse of the right side of the I Dong and I among the instant factories, and installed a temporary building in the passage between H Dong and I (hereinafter “instant passage building”). Of the instant factories, part of the H Dong and two floors among the instant factories were Defendant E (former trade name: F.F., before and after the modification; hereinafter “Defendant E”). All the remainder were leased to Defendant C (hereinafter “Defendant D’s occupied and used”); the leased and used parts are “Defendant E’s occupied parts”; the leased and used parts are “Defendant E’s occupied parts”; the Plaintiff’s finished finished products are manufacturing enterprises; the Plaintiff’s finished products as a clean manufacturing enterprise under a respective consignment agreement with the Plaintiffs; and the Plaintiff’s finished and delivered the clean parts by assembling and transmitting them from the Plaintiff.

B. (1) A fire occurred at the instant plant on January 11, 2016, and around 03:30 of the fire, and the fire was completed on January 11, 2016, and the situation of around 19:21 of the same day was terminated on the same day (hereinafter “instant fire”). (2) due to the instant fire, Defendant E.

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