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(영문) 울산지방법원 2017.01.12 2015가합23181
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. The parties’ relationship 1) Defendant I Co., Ltd. (hereinafter “Defendant Company”)

(2) Defendant H is the representative director of the Defendant Company, who is engaged in P.V.C. and the wholesale and retail sales business. Defendant H is the representative director of the Defendant Company. Defendant Company: (a) set up steel-frame structure in the open space and stored plastic pipes, such as PE double walls, PE pipes, THP oil mission, PE cable, and PE water pipe, etc. (b) Plaintiff B is the owner and 403 resident of L, which is the building indicated in paragraph (1) of the attached Table 1 of the attached Table in the open space, and Plaintiff A and C are both husband and wife, Plaintiff D, Plaintiff 302, and Plaintiff E, respectively, L303.

3) The Plaintiff F is the owner of M 101 and 201 listed in the [Attachment 2] List 2 of the Annex of the Camping Site, and the Plaintiff G is the owner of the land and the building listed in Annex 3 of the Annex of the Camping Site.

B. On December 23, 2014, at around 15:20, a fire, where the cause of the fire occurred, occurred in the area inside the left corner of the camping site, the ten cost of the vehicle parked in the building, such as N (O), L, P, M, Q, and R stud, and the 10 cost of the vehicle parked in the neighboring area, was the damage caused to the front part or the counterclaim.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 8, 15, 17, Eul evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Defendants set up steel-frame structures, which are structures, in the open storage site, and stored plastic pipes.

Since studio and other dwelling places adjoining residential areas, the Defendants, who manage easily burned materials, such as plastic pipes, have the duty of care to take appropriate measures to prevent fire spread, such as installing outer walls, etc. on the studio, and installing automatic fire extinguishing devices such as studlers, etc. on the studio.

Nevertheless, the Defendants do so.

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