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(영문) 서울중앙지방법원 2017.05.26 2016나17506

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The court's reasoning concerning this part of the facts of recognition is as follows.

With the exception that the last reduction of a claim is "rested as a cause", it is identical to the corresponding part of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. According to the above facts, the defendant is liable to compensate for damages caused by the fire of this case caused by the fire of this case, such as C, who is his employee, while performing the steel plate reinforcement work contracted by the defendant company from the Young-gu under Article 756 of the Civil Act. 2) The defendant asserts that the possibility that the fire of this case may be caused by the melting fire is rare, and rather, it is highly probable that the sunlight of this case caused the fire to the string of the sunlight under the construction of the sunlight through a lighting board that played a strong role, or the fire is likely to occur due to other causes.

However, the statements in Gap evidence Nos. 7, 9, 10, 12, 13, and 14 include the overall purport of arguments, namely, the following circumstances, which are acknowledged as being comprehensively taken into account: (i) the fire appraisal statement prepared by the Supreme Prosecutors' Office of Fire Investigation by the Fire Investigation Team of the Supreme Prosecutors' Office, which states as follows: (ii) the fire appraisal statement prepared by the Supreme Prosecutors' Office as follows: (i) it is presumed that the fire in this case was emitted at a place adjacent to the place where the melting work was performed; and (iii) it is presumed that the melting fire was caused by the heat by piling up at the bottom of the stroke; and (iv) it is deemed that the fire was discovered at the early stage of the fire due to a relationship between the smoke, indoor temperature, and workers using the contact protective devices at the time of the contact and the spread of the fire.