손해배상(기)
1. The Defendant’s KRW 87,567,307 as well as the annual rate of KRW 5% from February 10, 201 to January 19, 2016 to the Plaintiff.
1. Facts of recognition;
A. The Defendant is the owner of Seocho-gu Seoul Metropolitan Government Cbuilding (hereinafter “instant building”).
B. On February 10, 201, around 18:22, D, which had conducted an electrical safety inspection on the first floor of the instant building, destroyed a net fire that sets the power source location of the main power distribution team, and caused an accident where the main power distribution team, the wall surface, and the ceiling of the instant building were partially destroyed (hereinafter “instant fire”).
C. On the third floor of the above building, the Plaintiff, in order to avoid a sloping and a smoke due to a fire, was placed on the third floor glass door, so as to avoid a smoke, he was faced with both skne and knee.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. The Plaintiff asserted that a fire that occurred in the instant building was inflicted on the left-hand knee, knee-off, kne-off, kne-off, etc.
The Defendant, the owner of a structure, is obligated to pay as damages the damages the Plaintiff suffered from the instant fire KRW 30,000,000, KRW 27,567,307, and KRW 50,000, which is a part of active damages, and KRW 107,567,307 (= KRW 27,567,307, KRW 50,000,000), which is a part of passive damages (=27,567,307, KRW 50,000).
3. Occurrence of liability for damages;
A. Whether there exists a defect in the installation or preservation of a structure under Article 758(1) of the Civil Act refers to a defect in the installation or preservation of a structure that does not have ordinary safety according to its intended purpose. In determining whether such safety is satisfied, it shall be determined on the basis of whether the installer or custodian of the structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure (see Supreme Court Decision 94Da16328, Oct. 28, 1994). In addition, an accident resulting from a defect in the installation or preservation of a structure is only the defect in the installation or maintenance of a structure.