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(영문) 수원지방법원여주지원 2019.01.16 2016가합5169

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The Defendant contracted the instant repair work for the plastic houses located in D (hereinafter “the instant plastic houses”) at the time of inn, and the plastic houses (hereinafter “the instant plastic houses”) that cover the new ion coverr.

A fire (hereinafter “instant fire”) occurred in the instant vinyl around 13:00 on July 16, 2015, when C performed the instant repair work, and the rubber floor material owned by the Plaintiff was entirely damaged due to the instant fire.

In the instant fire scene, the domination of the instant fire site was concluded with the following: “The fact that a plastic house was made by an electric melting device during the construction of cover-up reinforcement, and thus, cannot be excluded from the possibility of combustion by an incidental element. However, the conclusion was that the entire fire rooms around the plastic house are serious, and the building is entirely destroyed and destroyed for fire extinguishment, making it difficult to readily conclude the point of combustion, and that the form of the fire stack is modified or destroyed, thereby treating it as a cause.”

[인정근거] 다툼 없는 사실, 갑 제1호증, 을 제1, 3호증(가지번호 포함), 변론 전체의 취지 원고의 주장 C은 이 사건 보수공사 중 작업장 내에 플라스틱 상자, 종이류 등을 그대로 둔 상태에서 용접작업을 하고, 용접불똥이 튄 곳에 물을 뿌리는 등의 화재발생 조치를 취하지 않은 업무상 과실로 이 사건 화재를 발생하게 하여 원고에게 231,968,441원 상당의 고무바닥재가 전부 훼손되는 손해를 입게 하였다.

Therefore, the defendant is liable for damages to the plaintiff for the following reasons, so the damages amounting to 231,968,441 won and damages for delay shall be paid.

In the first place, the defendant is liable to compensate for damages under Article 750 of the Civil Code because he was negligent in neglecting articles that can be easily attached while putting them into contact with C, and he shall be liable to direct and supervise as the user of C.

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