손해배상(기)
1. The Defendant’s KRW 153,293,364 as well as the Plaintiff’s annual 5% from December 14, 2016 to May 28, 2019, and the following.
1. Basic facts
A. The party status 1) A is a factory operating a furniture manufacturing business with the trade name “E” in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “Plaintiff factory”).
A) On May 18, 2017, the Plaintiff was declared bankrupt by the Incheon District Court and was appointed as bankruptcy trustee. 2) The Defendant occupied the factory building and outdoor waste loading and unloading place, etc. (hereinafter “Defendant factory”) in the Seo-gu Incheon, Incheon, the immediate next side of the Plaintiff factory, and operated the intermediate recycling business.
B. A fire that occurred around 23:15 on June 25, 2016 (hereinafter “instant fire”) caused a fire and damage to the Defendant’s factory, machinery and equipment, etc., and the Plaintiff’s factory, machinery and equipment, etc. immediately adjacent to the Defendant’s factory were destroyed by a small damage.
【The grounds for recognition】 The entries and shapes (including branch numbers; hereinafter the same shall apply) of the evidence of Nos. 1, 2, 4, 7, 10, and 11, and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
(a) Defect in the installation or preservation of a structure as referred to in Article 758(1) of the Civil Act, which incurs a liability for damages, means that the structure is in a state of failing to meet safety requirements ordinarily required for its use;
Such safety should be determined on the basis of whether the installer or the keeper of the structure has fulfilled the duty of prevention of danger to the extent generally required by social norms in proportion to the risk of the structure.
On the other hand, an accident caused by a defect in the installation or preservation of a structure shall not only be caused by a defect in the installation or preservation of a structure, but also include cases where a defect in the installation or preservation of a structure causes a common cause of the accident, and the damage therefrom shall also be deemed to have occurred due to a defect in the installation or preservation of a structure.
And fire.