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(영문) 대구지방법원 2019.03.28 2017가단111205

손해배상(기)

Text

1. The Defendant’s KRW 24,80,000 to the Plaintiffs and the following: 5% per annum from October 4, 2016 to March 28, 2019.

Reasons

1. Occurrence of liability for damages;

A. 1) The defendant's building located in Yongcheon-si D (hereinafter "the defendant's building") in his/her possession

(E) From the name of “E”, a restaurant was operated on October 4, 2016, and around 06:00 on October 4, 2016, a fire occurred inside the Defendant’s building and a single-story building located F in Youngcheon-si, the Plaintiffs (hereinafter “Plaintiffs”) owned by the said building and its ancillary building;

According to the removal to each 1/2 of the plaintiffs' shares, the plaintiffs' buildings were laid down ("the fire of this case").

(2) As a result of the identification of the National Scientific Investigative Research Institute, the instant fire was found to have occurred by electrical joint lines in the Defendant’s building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the above facts, pursuant to Article 758 of the Civil Act, the Defendant is obligated to compensate the Plaintiffs for property damage caused by the destruction of the Plaintiffs’ building due to the instant fire that occurred from the electrical joint line in the building owned by him/her. (2) According to Article 3(1) of the Act on the Liability for Reduction of Liability, the Defendant may claim for reduction of the amount of damages in cases where there is no gross negligence on the actual owner. Article 3(2) of the same Act provides that the amount of damages may be reduced by taking into account the cause and scale of fire, the subject and degree of damage, the cause of combustion and the expansion of damage, the endeavor of the actual owner to prevent the expansion of damage, the economic condition of the obligor and the victim, and other circumstances to consider in determining

On the other hand, gross negligence referred to in the above law refers to a situation where, without due care to the extent required of ordinary people, it is difficult to easily anticipate the result of illegal and harmful acts even though it is likely to have easily predicted.

Supreme Court Decision 200