logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.10.25 2013나1541
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. As to this case, this court's reasoning is the same as the reasoning of the judgment of the first instance, except for adding the plaintiff's assertion in the appellate court and its determination as follows. Thus, this court's reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion in the appellate court and its determination

A. Defendant B, despite the fact that the original purpose of the warehouse of this case is “animal and plant-related facilities,” used them for the warehouse without changing the purpose of use. In particular, Defendant B used some of the facilities within the warehouse as an office by arbitrarily altering them, and installed and used air conditioners, water purifiers, air conditioners, and air conditioners, etc. in the office.

However, although the occurrence of the fire of this case was not clearly revealed, the point of extinguishment is presumed to be near the office in the warehouse of this case, and the goods stored in the warehouse of this case have a very high combustible level by “ female oral” and thus, fire risk exists.

In addition, the warehouse of this case was constructed with a sandd position panel that is vulnerable to fire, and it was not equipped with fire prevention facilities or fire prevention prevention facilities in preparation for the occurrence of fire and the expansion of damage despite the high risk of fire.

As can be seen, Defendant B, as an occupant, is liable for the defects in the installation and preservation of structures under Article 758(1) of the Civil Act in managing the warehouse of this case, but neglected this, thereby allowing the factory of this case to be burned out from the warehouse of this case.

Therefore, against the plaintiff, the defendant Samsung F&M is liable to pay the same amount as the claim in accordance with the insurance contract as the insurer of the settlement insurance contract of this case as the insurer of the defendant Samsung F&M, as compensation for damages caused by defects in the installation and preservation

B. (1) Determination 1) The Act on the Liability for Fire Caused by Negligence (wholly amended by Act No. 9648 of May 8, 2009) (hereinafter “amended Act on the Liability for Fire Caused by Negligence”).

shall be responsible for the establishment of the Gu.

arrow