손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is five owners of the greenhouse houses for agricultural arts located in Gyeyang-gu Seoul Metropolitan City B (hereinafter “instant vinyl houses”).
B. On May 5, 2014, around 15:11, in the instant vinyl, fire occurred and the instant vinyl destroyed a substantial part of the household appliances, all of which were in the front and inside of the instant vinyl.
(hereinafter referred to as “instant fire”) C.
The Plaintiff concluded a power supply contract with the Defendant at the time of the occurrence of the instant fire, and had been supplied with electricity from the Defendant. The electricity supplied with the instant vinyl by the Defendant was installed as an underground route after the entry line connected to the aerial cable installed by the Defendant, which was approximately two meters away from the instant vinyl and installed in the electric poles, was laid underground, and was cut back again from the vicinity of the instant greenhouse to the ground and went through the process.
[Ground of recognition] Facts without dispute, Gap evidence 3-1 to 8, Eul evidence 3-1 to 4-1 to 3-4, the purport of the whole pleadings
2. The plaintiff's assertion that the defendant has a duty of care to safely manage the conditions of electric wires so that the consumers can be supplied with electricity safely. The fire in this case occurred due to the deterioration of the electric wires, which passed through the top of the greenhouse of this case, and the parts of the above electric wires belong to the management scope of the defendant. Since the fire in this case occurred as the defendant neglected his duty of management, the defendant, who is the preservation management authority, is liable under Article 758 of the Civil Act.
3. Determination
A. "Defects in the installation and preservation of a structure" under Article 758 (1) of the Civil Code refers to the state in which a structure is in a state of failing to meet the normal safety requirements according to its use, and in determining whether such safety is satisfied.