[손해배상(기)][공1994.2.1.(961),346]
The responsibility for fire fighting and the relationship between the responsibility due to the defect in the installation or preservation of structures;
Article 758(1) of the Civil Act shall apply to the liability for damage caused by a fire that occurs directly due to a defect in the installation or preservation of a structure itself, and it shall be interpreted that the Civil Act shall apply to the liability for damage caused by a fire.
Article 758(1) of the Civil Act, the Act on the Liability for Fire Caused by Negligence
[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law No. 3540, Oct. 27, 1992) (Law No. 1984, Oct. 27, 1992) (Gong1992, 3273)
[Judgment of the court below]
Defendant 1 and 3 others, Counsel for defendant-appellant
Busan High Court Decision 92Na10548 delivered on April 8, 1993
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
We examine the grounds of appeal.
1. On the first and second grounds for appeal
For the reasons indicated in its holding, the court below's determination is acceptable in light of the records, where the fire of this case cannot be deemed to be a natural combustion caused by the self-degradation of lucelle, and it cannot be deemed that the fire caused by the combination of power-driven vessels was emitted away from the Elucelle, and it cannot be deemed that there was an error in the logical rule and the empirical rule, and as long as the above findings and determination of the court below are justified, there is no reason to hold that the fire of this case caused by the combination of power-driven vessels is different from the Elucelle Eluh, under the assumption that the fire of this case was released from the Elucelle Eluh, even if the defendant loaded the Elucelle DNA under the electrical power-driven vessels, it cannot be deemed that there was a gross negligence on the part of the defendant, and further, it is clear that there is no reason to view the fact-finding and judgment of the court below as
2. On the third ground for appeal
With regard to the plaintiff's assertion that there is a defect in the installation and preservation of a structure, it is reasonable to apply Article 758 (1) of the Civil Act to the liability for damages caused by a fire directly due to a defect in the installation and preservation of a structure and to interpret that the Act on the Liability for Fire-Fighting shall apply to the liability for damages caused by the fire, and the damages caused by the fire shall not be liable for the damages caused by the defect in the installation and preservation of a structure under Article 758 (1) of the Civil Act as the damages caused by the fire of this case. The court below's determination is just and there is no reason to hold that there is no error in the misapprehension of legal principles as to the damages caused by the defect in the installation and preservation of a structure under Article 758 (1) of the Civil Act.
Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing plaintiff. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Sang-won (Presiding Justice)