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(영문) 서울고등법원 2019.06.19 2018나2071138
구상금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the reasoning of this case, such as the quotation of the judgment of the court of first instance, are as follows, except for adding the judgment identical to that of paragraph (2) to the assertion that the plaintiff added or emphasized in this court, and thus, the reasoning for the judgment of the court of first instance is as stated in the text of Article 420 of the Civil Procedure

On the 7th judgment of the first instance court, the "Knam District Police Station" in the 10th judgment of the Gyeonggi-do District Police Agency shall be the "Knam District Police Agency".

2. Additional determination

A. The gist of the Plaintiff’s assertion was that the instant fire occurred only in the E-factory building even though the surrounding factories were also a similar recycling factory with a facility or structure.

This seems to have been caused by the mechanical elements or electrical wires of the voltager in the E-factory building. Therefore, it is reasonable to presume that the instant fire occurred due to the defect in the installation and preservation of the E-factory building.

In addition, despite the high fire risk of the E-factory building, Defendant B did not perform the duty of protection to the extent generally required by social norms in proportion to the risk, and Defendant B did not perform the duty of fire-resistant structure, noncombustible material, and alarm equipment under the relevant laws and regulations, and caused the fire-resistant damage to the damaged building due to the expansion of fire.

Therefore, Defendant B and its insurer, the possessor of the E-factory building, are jointly liable to pay the Plaintiff the insurance amount of KRW 307,832,760 (for the Defendant Company, KRW 300,000,000) paid by the Plaintiff due to the instant fire to the Plaintiff, who is the insurer of the damaged building.

B. 1) The defect in the installation or preservation of a structure under Article 758(1) of the Civil Act refers to a state in which the structure itself lacks ordinary safety.

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