손해배상(기)
1. The plaintiff's appeal against the defendant B and the appeal against the defendant B are dismissed, respectively.
2. Costs of appeal.
1. The plaintiff's claim against the defendants within the scope of the trial in this Court is a subjective preliminary co-litigation that requires the conclusion to be confirmed between the parties in light of its nature.
Therefore, the plaintiff appealed against the defendant B, and the defendant B appealed.
Even if the appeal is dismissed, the part of defendant C and D is also subject to the judgment of this court because it is transferred to the appellate court.
2. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.
3. Determination as to the primary claim against Defendant B (part of acceptance)
A. The Plaintiff’s assertion 1) The point of extinguishment of the instant fire belongs to the part of Defendant B’s possession, and Defendant B neglected to manage well the production facilities, machinery, and electrical distribution lines so as not to cause fire, and neglected to keep the raw materials with a high inflammable and inflammable high risk of fire at a high time, and did not take measures such as installing fire-fighting equipment to prevent the occurrence or spread of fire.
Therefore, the fire in this case was caused by Defendant B’s breach of the above duty of care or a defect in the installation and preservation of a structure.
As such, Defendant B is obligated to compensate the Plaintiff for the damages caused by the instant fire, based on the tort liability under Article 750 of the Civil Act or the responsibility of the possessor’s structure under the main sentence of Article 758(1) of the Civil Act.
2) Defendant B’s assertion that the instant fire did not occur in the occupied part of Defendant B, as well as Defendant B’s duty to take protective and management measures to the extent generally required in light of social norms, such as providing employees with regular training for blocking and keeping fire extinguishers, while leasing and using the instant building.