손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport:
1. The reasoning of the judgment of the court of first instance concerning this case is that of the judgment of the court of first instance, except when a part of the judgment of the court of first instance is used or added as follows, and therefore, it is identical to that of the judgment of the court of first instance.
(The grounds for appeal by the plaintiff are not significantly different from the allegations in the first instance court, and the fact-finding and the decision of the first instance court are justifiable even if the evidence additionally submitted in the evidence adopted by the first instance court is delivered to the evidence of the first instance court).2.
(a)Paragraph 3.3 of the judgment shall be written in the following manner:
3. (1) In a case where a fire is directly caused by a defect in a structure itself, the possessor or the owner of the structure shall be liable for damages to others (see Supreme Court Decision 96Da30113, Oct. 25, 1996) under Article 758(1) of the Civil Act (see Supreme Court Decision 96Da30113, Oct. 25, 1996). The defect in the installation and preservation of a structure under Article 758(1) of the Civil Act refers to a state in which the structure does not have a safety ordinarily required for its use. The determination of whether the safety was satisfied must be made on the basis of whether the installer or keeper 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
(2) According to the evidence evidence Nos. 3 and 12 as to the instant case (see, e.g., Supreme Court Decision 2012Da107259, May 29, 2014). (2) According to the following, the fire of this case occurred between Defendant E’s employees and the toilet at the time of the lease of this case, and during that period, there was no person having access to the lease of this case; and (2) as a result of investigating the cause of the fire in the Sungnam Fire Fighting House immediately after the fire of this case, three parts of the leased of this case, which were destroyed by fire in the vicinity of the fire of this case, were identified; and (3) the ship on which the fire of this case was loaded.