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(영문) 울산지방법원 2017.12.19 2016가단24603
손해배상(기)
Text

1. The Defendant: (a) KRW 35 million and the Plaintiff’s 5% per annum from December 6, 2016 to December 19, 2017; and (b).

Reasons

1. Facts of recognition;

A. On October 18, 2012, the Plaintiff entered into a lease agreement with the Defendant on the second floor among the land buildings of Jung-gu, Ulsan Metropolitan City (hereinafter “instant housing”) by setting the deposit amount of KRW 5 million with the Defendant and the lease period of October 15, 2016, and resided on the second floor of the said building.

B. On August 1, 2016, around 20:35, a fire (hereinafter “instant fire”) occurred in the inside of the second floor of the instant housing, and the inside of the instant building was destroyed by the fire.

C. Regarding the instant fire, the results of the appraisal by the National Scientific Investigation Institute are as follows.

- Experts - Electric light wires, electric light light - Matters of appraisal: Whether electric peculiar characteristics related to shoting are identified in the appraised material - the electric melting movements by electrical heat are identified at one place in the electric cruel sea from among the given emotionals, and electric melting meltings can be formed in the process of combustion destruction or combustion expansion by flames, and the burning phenomenon in the field photographic material can be seen as a special factor related to melting electric meltings of the second floor and the second floor adjacent to the stairs listed in the sloping, and if the possibility of shoting by other factors is excluded on the site and on the other hand, on the other hand, at the same time, from the point of view of melting the electric melting.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, and the purport before oral argument

2. Determination

A. In civil disputes involving the establishment of liability for damages, the causal relationship is not a natural and scientific causal relationship, but a social and legal causal relationship is not necessarily a natural and scientific causal relationship (see, e.g., Supreme Court Decision 9Da67147, Mar. 28, 2000). Accordingly, according to the facts acknowledged earlier, such as the result of the appraisal by the National Science Investigation Institute, the fire in this case can be recognized as having occurred on the second floor electrical wires, etc. of the building in this case.

The structure under Article 758(1) of the Civil Act is a structure.

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