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(영문) 수원지방법원 안산지원 2018.10.24 2017가단64838
손해배상(기)
Text

1. Defendant C Co., Ltd.: 15,572,704 won and 5% per annum from November 16, 2017 to October 24, 2018.

Reasons

1. 사실관계 [인정근거] 갑 1, 4, 7∽10, 13, 14호증, 을가 1∽3호증(각 가지번호 포함)의 각 기재 또는 영상, 변론 전체의 취지 ① 원고는 소외 ㈜신광유리로부터 화성시 D에 있는 창고를 임차하여 ‘E’라는 상호로 플라스틱창호 제조업, 창호 도매업 등 제조업을 하는 사람이다.

② Defendant B is the owner of land and building in emulation F, G, G.

③ On May 25, 2016, Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) leased the above F, H, G land and buildings from Defendant B, and constructed, and industrial waste collection and transportation business, and household waste collection and transportation business, and other businesses incidental thereto.

④ The said D land is in contact with the said F and I land, such as the right picture.

On July 19, 2017, a fire, the cause of which is unknown, (hereinafter “the fire of this case”), was destroyed by a windowred product of the Plaintiff’s finished product owned by the Plaintiff, which was permanently stored in the open site of the said D real estate, by carrying the goods that were loaded in the Defendant Company’s place of business at around 21:25, 201.

2. Occurrence of liability for damages;

A. An accident caused by a defect in the installation or preservation of a structure or structure related to the Defendant Company does not refer only to a defect in the installation or preservation of a structure, but also to a case where a defect in the installation or preservation of a structure is one of the common causes of the accident, the damage caused by an accident shall be deemed to have occurred due to a defect in the installation or preservation of a structure.

In addition, even if a fire has occurred due to a cause other than the defect in the installation or preservation of a structure, or where the cause of a fire has not been revealed, if a fire was spread due to a defect in the installation or preservation of a structure, it can be deemed that the defect in the installation or preservation of a structure was one of the joint causes of a fire

Supreme Court on February 12, 2015

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