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(영문) 서울중앙지방법원 2019.09.06 2019나15921

구상금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Quotation of the first instance judgment

A. Even if the evidence submitted by the first instance court and the grounds for appeal by the Plaintiff are examined, the fact-finding and judgment by the first instance court is justified.

B. Therefore, the reasons for the entry in this case are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiff added at the trial of the court of first instance, and therefore, it is identical to the entry in the reasoning of the judgment of the court of first instance. As such, it is cited in accordance with

2. Additional determination

A. The gist of the Plaintiff’s assertion is that the place where the instant fire occurred is the width and the roof of the toilet upper part within the leased part of the instant case, and it is reasonable to deem that such roof structure caused rapid spread of fire and extended damage. As such, the Defendants, as the possessor or owner of the structure, bear responsibility under Article 758 of the Civil Act with respect to the damage incurred to the victim of the instant case.

B. As seen earlier, the report on the result of internal investigation by the Ulsannam Police Station on the instant fire was written to the effect that “the first fire occurred in the toilet upper part of the leased part” was stated in the report on the result of internal investigation by the Ulsan Southern Police Station on the instant fire. However, according to the overall purport of evidence Nos. 8 and 10 as well as the entire purport of the evidence Nos. 8 and 10, the above width and the roof are likely to occur when a source of generation such as electric shock and cigarette but it is difficult to readily conclude the cause of electrical shock, whether it is a fire by a cigarette but a fire by a human factor, or a fire by a human factor is installed in violation of fire-related laws or construction regulations. However, there is no evidence on the fact that the fire in this case was installed in the leased part of the instant case, and therefore, it is deemed that the fire in this case exists due to the installation or preservation of the leased part and the fire in this case.