손해배상(기)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Plaintiff is the owner of the power-driven vessel “D” (hereinafter “instant vessel”), and the Defendant is a person who engages in the manufacture and repair business of the wooden line, boom-gu E with the trade name “F”.
B. On May 23, 2019, the Plaintiff requested the Defendant to replace a tree of about two meters in length located on the right side of the instant vessel (hereinafter “instant replacement work”).
C. On the same day, the Defendant removed trees from the right side of the front and rear of the instant vessel, and opened a wooden hole with new trees on the relevant land, and around 08:10 on May 24, 2019, the Defendant is a device to prevent damage to the outside of the vessel by facing the outside of another vessel or facility at the port at the port of the port when landing the port at the port at the port of the port where the instant vessel is located.
the replacement work of this case has been completed by adjoining each other.
On May 24, 2019, the Plaintiff started operating the instant vessel upon delivery at around 11:00, and at around 12:00-12:30 on the same day, the Plaintiff anchored in the “Gu-gambling Port” located on the above Gu-grag, and around 13:33 on the same day, a fire (hereinafter “instant fire”) occurred on the said vessel, and thus, the instant vessel was dissolved on the two vessels (G, H) located adjacent to the right side of the said vessel, and a part of the other vessels were destroyed by fire.
[Ground of recognition] Facts without dispute, Gap evidence 7 and 10 (if there are additional numbers, including each number; hereinafter the same shall apply), Eul evidence 1, Eul evidence 6 video and the purport of the whole pleadings
2. Determination as to the cause of action
가. 원고의 주장 피고는 이 사건 교체작업을 할 당시 용접과정에서 발생한 용접불꽃이 이 사건 선박에 축열(蓄熱)되어 화재가 발생하지 않도록 작업부위에 물을 뿌리거나 방화수를 설치하는 등 안전조치를 취할 의무가 있음에도 이를 소홀히 하여 이 사건 화재가 발생하였으므로, 피고는...