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(영문) 수원고등법원 2019.12.19 2019나11537
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. Plaintiff A as a party is a person who runs a business of erosion, furniture sales, etc. with the trade name of “G” in Gwangju City E and Fdong, and Plaintiff B (hereinafter “Plaintiff B”) is a company that runs a business of selling juvenile functional furniture in Gwangju City H building and in subparagraph I, and the Defendant is a company that runs a business of selling building materials and textile products on the J and first floor of Sungnam-si, Sungnam-si.

B. On February 6, 2018, around 15:00, the occurrence of fire: (a) the outside paper box box of the warehouse in which the Defendant located in Gwangju-si (hereinafter “instant warehouse”) kept camping goods, etc. (hereinafter “instant warehouse”) was destroyed by a fire on which the said warehouse was removed due to the lack of cause; (b) one warehouse: (c) one warehouse that was burned around the warehouse and keeps “brut leasing, etc.”; (d) one warehouse that Plaintiff B kept “student-import and sale furniture, etc.”; and (e) one warehouse that the Plaintiff B kept “student-import-sale households, etc.” (hereinafter “instant fire”).

C. The investigation report on the cause of a fire at the scene of the fire in Gwangju Fire Prevention Center (No. 17 No. 12) is as follows:

1. Point of 1: The building used by the defendant at the time of arrival in the site was burned around the front place. On the front of the CCTV screen around the site, it is confirmed that the surface of the site where the flame is emitted after the postponement from the right side of the above building, and the surface where the dust is scattered, among the tent, the tent, the roof and the sloping goods installed in front of the entrance of the defendant's warehouse, there is a high level of tent around the right side of the entrance and the degree of loss of the goods, and they are burned from the front side of the entrance

In full view of the fact that the remaining paper boxes and plastic sheet residues are identified, and that the head of the office toward the direction of the building and the smoke and flames generated from the loaded loaded goods outside the building are distinctive, it shall be front of the defendant's warehouse right entrance.

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