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(영문) 서울중앙지방법원 2015.08.17 2015나13705
구상금
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. The court's explanation concerning the instant case is set forth in section 3-B of the first instance court's judgment.

The reasoning of the judgment of the court of first instance is the same as that of the judgment, except for the dismissal as follows. Thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In the instant case, the part used after repair (see Article 2-2(b)) (the judgment of this case), although the Defendant committed a fire in the part used for lease, the point of extinguishment appears to have been installed in the form light, and the cause of extinguishment appears to have been presumed to have been the studs of the interior cable of the stable internal cable. In light of the above evidence, the stability of the type light installed in the form light of this case can be seen in light of the following circumstances, i.e., the form of mechanical stability, installed inside the form of light, and can not be seen externally. The detailed name may vary according to the terms and conditions of use. There seems to be no way for users to take ordinary measures in relation to the stability of the type light installed in the form of light, etc. which is operated normally without a sense of malfunction, and there seems to be no way for users to take measures in relation to the type of light installed in the normal operation of the body prior to the occurrence of the instant fire. In light of the following circumstances, it is reasonable to view that the leased type of the object of lease can be maintained.

Therefore, the plaintiff's claim for reimbursement on the premise of the lessee's breach of duty of care is without merit.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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