[손해배상][집15(2)민,194]
Cases deemed to have gross negligence in predicting the natural development of goods which can occur from the goods kept by the person in charge of the storage of goods.
If there is a risk of natural combustion and a large quantity of storage or dampness, a large quantity of 21 ton of goods, such as active carbon, which further enhances the risk of natural combustion, was stored, and there was no natural combustion twice or more in the same 3 p.m. with 3 p.m. and two times in the same o.m. as 11 p.m., and if a fire was caused by neglecting the risk of natural combustion without taking any particular measures even though the risk of natural combustion was further expanded due to the relationship in which large water was used in the warehouse and the above goods.
Article 750 of the Civil Act, the Act on the Liability for Fire Caused by Negligence
Korea Transportation Corporation
Korea Carbon Industry Corporation
Masan Support in the first instance, Daegu High Court Decision 65Na698 delivered on August 19, 1966
We reverse the original judgment.
This case is remanded to the Daegu High Court.
As to the grounds of appeal by the plaintiff's attorney, the standard for the existence of negligence, which is a premise for the obligation to compensate for damages caused by a tort, and the seriousness of such negligence, shall not be determined by the specific circumstances with respect to the individual, but shall be determined by the standard for the degree of the ordinary caution. The general person above refers to the ordinary person who is not an abstract person, but is engaged in such work and duties. As such, a person engaged in such work and duties must discuss the existence of negligence in accordance with the standard for the degree of attention that can be ordinarily performed, and if such a person lacks great attention, it shall be deemed that there is gross negligence.
According to the facts found by the court below, since the defendant, who did not know of the above chemical substance, is the manufacturer of the above chemical substance and the defendant's 2-occurine, and the defendant did not sell the above chemical substance to the non-party 1's store located in Busan Jin-dong, Busan, and the chemical substance and Kabex are all not included in the maintenance as a kind of carbon subdivision, but the above 2-occurine's natural combustion risks were more likely to occur due to the accumulation of heat generated in the air, and the above 2-occur's natural combustion risks were no more than 18 tons of the above chemical substance at the time of the accident, and the above 3-occur's natural combustion risks were no more likely than 18 tons of the above chemical substance and 3-occur's natural combustion risks were no more likely than 8-occ., the above 1964.
Therefore, it is so decided as per Disposition with the assent of all participating judges.
Supreme Court Judge Lee Young-su (Presiding Judge) (Presiding Judge) and Lee Dong-dong Gyeong-dong