손해배상(기)
1. All of the claims and counterclaims in this case are dismissed.
2. The costs of lawsuit shall be borne by each person;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On December 10, 2018, the Plaintiff’s office of education in Gyeongnam-do (hereinafter “Seoul-do Office of Education”) entered into a contract with the Defendant for earthquake-proof reinforcement construction works with the construction period of Ddong Building D (hereinafter “instant building”) located in Kimhae-si B from December 21, 2018 to February 28, 2019; the construction amount of which is KRW 295,652,200.
B. On March 6, 2019, around 08:38, when the Defendant had performed earthquake-proof reinforcement works, fire-fighting occurred inside the instant building, and the inside of the said building was destroyed, and the roof was collapsed.
(hereinafter “instant fire.” This case’s fire occurred while the Defendant’s workers had been engaged in sn beaming each pipe to the sn beam beam installed on the wall, and concluded that the spunching point of the Gyeongnam Provincial Police Agency’s field identification is a combustible substance, which was linked to the spunch’s floor, and the cause of the fire is presumed to have occurred due to the spunching in the spun.
C. On June 20, 2019, the Plaintiff and the Defendant agreed to terminate the instant building construction and to pay for the completed portion at KRW 149,067,970.
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 5, purport of whole pleadings
2. According to the above facts, the fire of this case was caused by the defendant's negligence in the course of performing his duties, although the fire of this case was caused by the risk of fire, and thus, the defendant is liable to compensate the plaintiff for the damages caused by the fire of this case as a default or tort liability.
Furthermore, as to the scope of damages, there is no dispute over the Plaintiff’s damages equivalent to KRW 31,267,340 (28,597,340, and damages claim for non-use of the building) due to the instant fire, and thus, the Defendant shall pay the Plaintiff damages amounting to KRW 31,267,340 and damages for delay.