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(영문) 의정부지방법원고양지원 2015.12.09 2014가합7247
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff B leased from Plaintiff A an automobile-related facility 1,2 403 m2 m2, each of the two stories 1, and 403 m2 m2 (hereinafter “the instant building”) related to the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 403 m2, Yongsan-gu, Yongsan-gu, Seoul Special Metropolitan City. The Plaintiff operated the

B. The Defendant C Co., Ltd. (hereinafter “Defendant C”) engaged in the manufacture and sale of character products (hereinafter “Defendant C”) leased the business of manufacturing the general steel structure and other 401.39 square meters of the 1st floor of the manufacturing establishment of the Ilyang-dong G ground structure and other roof owned by Defendant D from Defendant D (hereinafter “instant warehouse”) and used the character products as a warehouse storing the character products.

C. Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai Sea”) is an insurer that entered into a fire insurance contract with Defendant C regarding the warehouse of this case.

On August 2, 2014, a fire occurred in the vicinity of the instant warehouse, and the instant warehouse was destroyed by a fire that was relocated to the instant building, and the instant building was destroyed by the fire, and the machinery and the equipment kept by the Plaintiff B in the instant building were destroyed by the fire.

(hereinafter referred to as the “instant fire”). 【No dispute exists concerning the said fire, the entries in Gap’s Evidence Nos. 1 through 5, 16, 19, Eul’s Evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. The plaintiffs' assertion

A. At the entrance of the warehouse of this case asserted around Defendant C and Hyundai Sea, there was a ground water fluor. However, Defendant C was placed near the outer wall of the warehouse of this case adjacent to the ground water fluor, with inflammable materials, such as a fluor and plastic bags, stored the above place as smoking place, had employees of Defendant C used the above place as smoking place, and only equipped a fire extinguishing machine with sufficient quantity to extinguish fire, and did not install a fire blocking facility. The defect in the installation and preservation of the warehouse of this case was the cause of the fire of this case and the expansion of damage.

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