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(영문) 부산지방법원 2014.10.21 2014가단6974
손해배상(기)
Text

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

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

Reasons

1. Basic facts

A. The Defendant was operating a store in the name of E on the first floor of the Busan Seo-gu D Ground Building (hereinafter “Defendant’s side building”); the Plaintiff was the owner of the F-gu F-Land Building in Busan Seo-gu (hereinafter “Plaintiff’s side building”); and the Plaintiff B leased the first floor of the Plaintiff’s side building to operate a restaurant in the name of G.

B. The Defendant’s side building is directly adjacent to the Plaintiff’s side building, and the Plaintiff B and the Defendant installed a temporary building covering the tent (in sequence, “original and Defendant temporary building”) on the front side of each shop, and used it for the purpose of warehouse, etc.

However, around 12:10 on August 3, 2013, a fire (hereinafter “instant fire”) occurred in the Defendant’s temporary building, and the Plaintiff’s temporary building was set up, and the wall surface of the Plaintiff’s side building was set up on flames.

C. The result of the appraisal by the National Institute of Scientific Investigation on the instant fire is as follows.

Review - In a situation where the electric melting part of the electric melting part is distinctive in the electric power line connected to the type or light installed inside the Defendant's temporary building, or where this part is hard to limit it to the electric melting and heating modified by external flames, it is difficult to discuss whether it is a prior formation of the electric melting part, and whether it is the cause of chemical melting. - When considering the structure of the warehouse in the Defendant's temporary building that can be limited to the point of chemical melting, the possibility of chemical melting by the human factor cannot be ruled out, it is necessary to review this point as a result of the appraisal that the possibility of chemical melting by the human factor is required in the situation where it is not recognizable. - The Plaintiff's temporary building part on the part of the temporary building as the burning form in the site was first emitted from the Defendant's temporary building and burned increased by the burning shape is the first in the Defendant's temporary building.

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