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(영문) 부산지방법원 2019.09.27 2019나42846

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning for the court’s explanation on this part is that the reasoning for the judgment of the first instance is as stated in the corresponding part of the judgment, except where the fire officer’s “a large quantity of fire-fighting trees released in the process of suppression” said 4 below the second sentence of the judgment of the first instance is deemed to be “a large quantity of fire-fighting trees released in the process of suppression”, and thus, it is identical to the reasoning for the judgment of the first instance. Therefore, this part is cited in accordance with the main sentence of

2. The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance (the third 7-14 of the judgment of the court of first instance). Thus, the court's explanation of this case is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the merits

A. The reasoning for the court’s explanation on the instant case is that “a large quantity of water released in the process of suppression” in 3th 17th 17th eth eth eth 17th eth eth eth 17th eth eth son in the process of suppression is “a large quantity of fire-fighting trees released in the process of suppression” and the relevant part of the judgment of the first instance (from 3th 17th eth eth eth 17th eth eth eth eth 3th eth eth eth eth eth eth eth eth eth e

In addition, even if the defendant's liability for tort under Article 750 of the Civil Act is not recognized as seen earlier, the plaintiff's assertion includes the purport of holding the responsibility for a structure under Article 758 of the Civil Act. Accordingly, the defect in the installation and preservation of a structure under Article 758 (1) of the Civil Act is in a state where the structure fails to meet the safety ordinarily required according to its intended purpose. Whether the safety is satisfied is generally required by social norms in proportion to the danger of the structure by the installer and custodian of the structure.