손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons why this court is stated in this part of the basic facts are the same as the corresponding part of the judgment of the court of first instance. As such, the basic facts are included in the summary thereof under the main sentence of Article 420
2. Summary of the parties' arguments
A. The gist of the plaintiffs' assertion is that the plaintiff, etc. (the plaintiffs of this case and the plaintiff et al.) filed a lawsuit against the plaintiff, etc. in relation to the fire of this case against the plaintiff, etc. (the plaintiff et al. of this case), and the plaintiff et al. filed a lawsuit notice with the defendant as the defendant, and the notice of
The first instance court determined to the effect that “the instant fire is presumed to have occurred as a concealed distribution line connected with the upper part of the first floor wall of the instant building due to a rashation or any similar cause, which constitutes a defect in electric installations of the instant building,” and that it constitutes a defect in electric installations of the instant building.
In light of the judgment of the above court and the fact that the electric circuit breaker installed on the first floor of the building of this case was not operated normally at the time of the fire of this case, the fire of this case was caused by the Defendant’s failure to perform its duty of safety inspection as a safety manager
Since the defendant has the effect of taking part in the above notice of lawsuit, the defendant cannot make any assertion contrary to the actual legal judgment which is the basis of conclusion in the above lawsuit.
In addition, there is no reason for the Defendant to be exempted from the liability specified in the agreement included in the contract of this case (hereinafter “instant exemption clause”).
Therefore, the defendant is liable to compensate the damages suffered by the plaintiffs due to the fire of this case.
B. Summary of the Defendant’s assertion
The litigation mentioned in paragraph (1) was terminated by conciliation rather than a final and conclusive judgment, and the existence of the Defendant’s fault on the occurrence of the instant fire is in conflict of interest only between the Plaintiffs, the notifying party, and the Defendant, who is the Defendant, and thus, the Defendant above
(b).