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(영문) 수원고등법원 2020.05.14 2019나17849
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. All claims extended by the Plaintiff in this Court and additional claims.

Reasons

Facts of recognition

The party-related plaintiff is a company that has been engaged in wooding operations in the building of the E-ground light steel framed, sand position panel, and roof (hereinafter referred to as the "A Dong building").

The defendant is a person who has carried out a wood production business, etc. in the trade name of "F" from the lightweight steel structure sand site panel site building (hereinafter referred to as "B Dong building") adjacent to the above Adong building and corridor-type space.

On February 22, 2018, at around 01:00 to 03:00, a fire (hereinafter “instant fire”) occurred on the south side of the building B, and the half of the building A and the entire building B were destroyed.

The location and surrounding status of each building leased by the plaintiff and the defendant, and both the building A Dong and B used by the plaintiff and the defendant are within the development restriction zone, and they were used as a factory without permission after obtaining permission from G as a stable.

Buildings A Dong and B shall be as shown in the attached Form.

1. It is the form abutting on each other’s roof, such as a ground plan.

The fixed door of the building A Dong and B were both adjacent to the road, and both the employees of the plaintiff and the defendant have entered the building through the door of each building.

In the south side of the Adong building and B Dong building, each auxiliary entrance was installed, and the building used by the plaintiff was located in the center of the center of the south side of each building, and the entrance of the above office was directed toward the direction of the auxiliary entrance of the Adong building.

On the back side of the auxiliary entrance of the building B, there was a knife wooden team, a portable toilet, waste timber generated in the course of work, and a drum-type steel incineration system.

The dry field was one of the two sides of Adong and B, and there was an I factory building in the same part.

Although the south side of the Adong and B building is not abutting on the road, it is possible to pass through the direction of the I factory building in the following side of each building.

The other side of the building B where the fire of this case occurred.

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