(영문) 서울중앙지방법원 2016.07.15 2015나69173

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.07.15 2015나69173

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following money shall be cancelled and that part.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the part of Paragraph 1 of the first instance court's judgment (from No. 7 to No. 2 at the bottom of No. 3). Thus, the court's explanation on this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. Determination

A. The court's explanation on this part of the occurrence of the liability for damages is the second-party reasons for the judgment of the court of first instance.

Since the part of paragraph (2) is the same as that of the first to sixth 1 of the Civil Procedure Act, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The following circumstances, which are acknowledged by the factual basis of Paragraph (1) of the limitation on liability for damages, evidence, and the purport of the entire pleadings, are: (i) whether the cause of the instant fire was caused by the Defendant’s negligence; (ii) the Defendant did not prove clearly that he exercised due care as a good manager; (iii) the Defendant concluded a contract with the F Electric Safety Control Group, and received safety inspection and safety education for electric installations every month; and (iv) the instant building was newly constructed around November 2002 and was under the course of aging; and (iv) the instant fire occurred in around 05:23, the new wall that the Defendant was under operation of the factory and its management employees; and (v) the Defendant also appears to have suffered damages of KRW 40 billion due to the instant fire, such as the occurrence of the instant fire, the circumstances leading up to the occurrence of the instant accident, the equitable burden of damages, etc., and the Defendant’s overall liability for damages should be considered.

Therefore, the defendant is obligated to compensate the lessor for 40,904,502 won (=102,261,256 won 】 40%) and damages for delay.

참조조문

-민사소송법 제420조

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