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(영문) 부산지방법원 2017.11.09 2015가단216181
손해배상(기)
Text

1. The plaintiff's claim against the primary defendant B and the conjunctive defendant C are all dismissed.

2...

Reasons

1. Basic facts

A. Structure of the building of this case and the status of the parties

(1) The building A or D (hereinafter collectively referred to as the “instant building”) of the same structure as the attached Form D is constructed in Busan, Busan, and the building A or D (hereinafter referred to as the “instant building”).

Do. Defendant C is the owner of the instant building; the Plaintiff is the part of “E” among the instant building; and Defendant B leased the part of “F” among the instant building from Defendant C to the warehouse, etc.

B. The occurrence of the instant fire and the result of the investigation

(1) On May 24, 2014, a fire (hereinafter “instant fire”) occurred in the instant building, and the instant building was relocated, and the materials inside the instant building were destroyed.

D. The National Research and Investigation Institute presumed that the instant fire was first generated inside the Ddong “F” (hereinafter “F building”) among the instant buildings, but determined that the inside of the F building was most inferior in the process of fire-fighting activities and that the steel structure and electric ship vessels, etc. of the inspected parts are not limited to the specific cause of combustion through a field investigation as they were melted due to severe combustion.

Secondly, the Busan Northern Fire Station concluded that the fire of this case was first launched near the entrance of the F Building, but it is difficult to find out the heat sources, fire fighting factors, and the first cargo.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1, 2, Gap evidence 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Defendant B, after leasing the F building, leased the F building to alter its structure and equipment, kept many articles, including inflammable containers such as butane, gas gas, etc., on the said building, but did not have the wall of the building as a fireproof structure, or installed facilities to prevent the spread of fire, such as automatic fire extinguishing devices.

In this case.

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