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(영문) 수원지방법원성남지원 2017.09.12 2016가합205683
손해배상(기)
Text

1. The Defendant’s KRW 328,262,782 as well as 5% per annum from May 20, 2016 to September 12, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells textile products in the Dongdaemun Integrated Market, and the Defendant is a company that engages in the business of manufacturing cosmetics and drug ingredients.

B. On May 20, 2016, materials warehouses in the Defendant factory (hereinafter “instant materials warehouse”) destroyed by fire around 23:21, and moved the fire to the Plaintiff’s original warehouse adjacent to the Defendant factory (hereinafter “original warehouse”).

(hereinafter “instant fire”). C.

As a result, it became impossible for the original warehouse of this case to be used by the original teams in the warehouse due to sound caused by fire and water roots for the purpose of extinguishing fire.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Occurrence of liability for damages;

A. 1) The Plaintiff’s assertion that the instant fire occurred due to the electrical factors of the Defendant’s factory. As such, the Defendant is liable for damages as the occupant or owner of the Defendant’s factory, which is a structure. 2) The Defendant’s assertion that the cause of the instant fire is “unfounded cause” and thus, cannot respond to the Plaintiff’s request.

B. The following facts are acknowledged in full view of the purport of the entire pleadings as revealed earlier.

(1) As a result of the investigation by the relevant agency, there is no possibility of fire prevention, and fire is presumed to have occurred due to electrical factors in the part above the middle point of the instant material warehouse.

② The Defendant did not install sufficient and efficient fire-fighting facilities even though there is a possibility of rapid expansion in the event of fire by installing the instant materials storage with a hack pipe to easily put fire.

③ The material warehouse of this case and the original warehouse of this case are adjacent to each other, so there is a high risk of burning in the event of fire.

Therefore, the fire of this case is the electrical factors of the material storage in the defendant factory.

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