(영문) 대전지방법원 2016.04.08 2015나1848 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대전지방법원 2016.04.08 2015나1848

손해배상(기)

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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim concerning the above revoked part is dismissed.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates a garment store (hereinafter “Plaintiff shop”) with the mutual name “D” on the first floor of the 3rd floor of the building in Sejong Special Self-Governing City (hereinafter “One-story”) and the Defendant is a person who operates a restaurant with “F” (hereinafter “Defendant shop”) on the first floor of the 6th floor of the building in Sejong Special Self-Governing City E (hereinafter “second floor”).

B. The first and second buildings are located in a space with about 1.5 meters wide (hereinafter “instant space”). Among the outer walls of the second buildings of this case, there were two LP gas containers installed by the Defendant and four LP gas containers installed by the Defendant, two air conditioners, two air conditioners installed by the Defendant, and one air conditioners, and one air conditioners, installed by the Plaintiff, among the outer walls of the first building of the first building of this case.

C. A fire occurred in the instant space on May 30, 2014, around 22:50, and around 23:28 on the same day. As a result, the fire destroyed the said 150 square meters out of the 1,398.9 square meters of the building 2, and 90 square meters of the 1,398.9 square meters of the building 1, and the 569.22 square meters of the building 1, and the instant space and the Plaintiff’s store, and the said st

(hereinafter “instant fire”). D.

The results of the field surveys on the fire of Sejong Special Self-Governing City regarding the fire of this case are as follows.

1) Although the point of extinguishment of the instant fire is determined as the space of this case, it is difficult to determine the detailed point of extinguishment because the degree of the fire room is serious. However, it is determined that the flames that started from the space of this case were burned into neighboring buildings, and there is no clear evidence as there is no rapid and severe fire, and there is no clear evidence.

3) The possibility of combustion by fire prevention or by human care is rare. 4) The space of this case is located.

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