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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 21, 2015, a fire occurred at around 01:50, from a factory ( Pyeongtaek-si C) outdoor warehouse operated by the Defendant (hereinafter “instant outdoor warehouse”).
(hereinafter “instant fire”). Accordingly, a nearby factory, etc. was partially destroyed including a factory operated by the Plaintiff.
(see the following outlines and the ground plan on the attached fire site. The point of origin is indicated in the annexed Form No. 1) A E FG HB
B. The outdoor warehouse of this case, which is the place of combustion, did not have electric facilities, such as wires, around the outdoor warehouse of this case and its surroundings, and the place where the shaking was identified was not the outdoor warehouse of this case, but the built-down factory.
The Defendant kept polybane pumps in the instant outdoor warehouse, but it is not likely to naturally extinguish or be classified as a dangerous substance.
On September 21, 2015, the National Institute of Scientific Investigation prepared a statement of legal safety assessment that excludes the possibility of combustion and naturalation due to electrical causes, and that there is a need to investigate the possibility of fire prevention.
C. The Pyeongtaek-gu Police Station investigated the possibility of fire-fighting, but determined that “the possibility of extinguishing fire-fighting by fire-fighting sources, such as fire-fighting or cigarette butts, is very low, there is no benefit from the fire-fighting of dipher, and there is no benefit from the fire-fighting in CCTV.”
Ultimately, the cause of the instant fire was not revealed.
[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, Gap evidence No. 9, the purpose of the whole pleadings
2. The Plaintiff’s plant was relocated due to the spread of the fire in this case’s summary of the Plaintiff’s assertion.
The plaintiff had no choice but to suspend its business for a long time, which caused damage to KRW 721,90,997.
The defendant shall compensate for the business suspension loss suffered by the plaintiff for the following reasons:
Pursuant to Article 758 (1) of the Civil Code, polybane pumps stored in the outdoor warehouse of this case are inflammable and inflammable.