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(영문) 서울고등법원 2017.10.18 2017나2023644

손해배상(기)

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. The reasoning for this part of the underlying facts is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The purport of the Plaintiff’s assertion is that in a case where a person in charge of the fire in contact with water is rapidly scattered around the fire, a fire is likely to spread around the fire even in a case where a person in charge of the fire in question is rapidly scattered, and a fire is likely to spread around the fire. Local fire officers belonging to the Incheon Fire Agency affiliated with the Defendant’s fire fighting headquarters (hereinafter “fire officers”) did not grasp the characteristics of the Manaium fire, without properly grasping the characteristics of the Manaium fire, ① by excessively waterproof in the process of extinguishing the manaium fire at the entrance of the factory at the fire site at the fire site at the fire site at the fire site at the fire site at the fire site at the fire site, or water flows out into the factory operation where the manaium is in contact with water, ② by opening the entrance of the factory in the process of extinguishing the fire, and ③ by spreading the Manaium fire in the process of storing the Manaium fire and spreading the Manaium fire into the factory.

⑤ In addition, fire officers rejected the Plaintiff’s request that they take finished products stored in the office building prior to the expansion of the fire of this case, and prevented the Plaintiff from taking finished products into the office building, thereby expanding the Plaintiff’s losses.

As a result, the Plaintiff’s total amount of KRW 668,512,295 on the ground that the Plaintiff’s building and machinery, equipment, and products in custody were dissipated and did not operate the business during the recovery period (i.e., KRW 313,132,480 on the inventory assets of KRW 316,739,166 on the inventory assets of KRW 9,893,966 on the basis of the decline in sales during the recovery period).