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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
Reasons
1. The reasons for the admitting the judgment of the court of first instance are as follows, except for adding the judgment that the plaintiff added or emphasized to the court of first instance as to the assertion that the plaintiff added or emphasized to the court of first instance.
(main sentence of Article 420 of the Civil Procedure Act). 2. Judgment on the plaintiff's assertion in this court
A. The plaintiff's assertion 1) The defendant's ground water pipe is the heat line for the prevention of the dynamic wave (hereinafter "the heat line of this case").
(2) The Defendant is liable to compensate the Plaintiff for damages incurred to the Plaintiff due to the instant fire, since the instant fire was caused by the defect in the installation, preservation, and management of the heat line. 2) Even if the instant fire was caused by a third party’s act, the instant fire falls under the “special combustible materials” as prescribed by the Framework Act on Fire Services, and the Defendant preserved the instant fire in violation of the standards for storage and handling as prescribed by the said Act and subordinate statutes. The Defendant preserved the instant fire in violation of the standards for storage and handling as well. Since the defects in the preservation of the instant tyle were the joint cause of the damage caused by the instant fire, the Defendant is liable to compensate the Plaintiff for the damages incurred to the Plaintiff due to the instant fire.
B. According to the reasoning of the first instance court’s fact-finding and the overall purport of the pleadings, it is impossible to readily conclude the fire fighting unit in the Chungcheongbuk-dong as a source of shot, since the damage of the heat line in this case cannot be distinguished from the shot-dong fire shot-do, and the heat source and the thermal shot-do, all of which were determined as the shot-do, and the National Scientific Investigation Research Institute may exclude the parts presented in the instant heat from the shot-do, because the electric peculiar features related to the shot-do are not identified.