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(영문) 수원지방법원성남지원 2017.11.24 2016가합1355
손해배상 등
Text

1. All of the plaintiffs' claims against the primary defendants and the conjunctive defendant are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The parties 1) Plaintiff L is a person running a warehouse business, etc. under the trade name of Q from the Hanam-si P, and the rest of the Plaintiffs are the companies dealing with other days, and the above “ Qa” warehouse operated by Plaintiff L (hereinafter “instant warehouse”).

(2) The primary Defendant M (hereinafter referred to as “Defendant M”) is the trade name of “T” in R R and in the same city as that adjacent to the instant warehouse, and the primary Defendant O (hereinafter referred to as “DefendantO”) is the trade name of “U” in S in the Hanam city immediately adjacent to the instant warehouse, and the person who engages in bean or water growing business within the said territory by installing a greenhouse-type cultivation shed in the instant warehouse at the Hanam city immediately adjacent to the instant warehouse.

B. On May 9, 2016, a fire in the vicinity of the instant warehouse and on May 10, 2016, around 10:00, there is a dispute between the parties as to whether the fire in the vicinity of the instant warehouse occurred within the vinyl owned and occupied by the Defendant M or DefendantO, but at least there is no dispute between the parties as to the fact that the fire occurred outside of the instant warehouse, which is not inside the instant warehouse, at least outside the instant warehouse. Fire (hereinafter “the instant fire”).

2) The fire of this case was caused by the fire of this case, and the fire of this case owned by the plaintiff L and others owned by the plaintiffs, which were kept in the warehouse. 2) The layout altitude of the buildings around the fire site of this case, and the layout altitude of the fire station and the exhaust gas part are as shown in the attached Table 2.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1, 2, and 5 evidence (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the claim against Defendant M& orO

A. The gist of the Plaintiffs’ claim is that the instant fire is owned and occupied by Defendant M, within the three greenhouses of the instant case, Defendant M.

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