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의정부지방법원 2018.05.31 2017나215255

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal



1. The reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added the following "2. Additional Judgment" as to the new argument in this court. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendant asserted that the electrical ship at issue in the instant case did not constitute a fire that occurred in the area of management of a lessor because it was not part of the building structure because the electrical ship at issue was laid down in a non-fixed debt pipe. However, even if the electrical ship at issue was not completely fixed as the Defendant’s assertion, as long as a fire occurred on the electrical ship installed by the lessor, the Defendant is not liable for damages to the Defendant solely on the same ground.

Therefore, the defendant's above assertion is without merit.

B. The assertion that the owner of the repair obligation belongs to the electric ship installed by the Defendant, and the Defendant alleged to the effect that the Plaintiff, the lessee, bears the repair obligation, and therefore, the liability for damages premised on the Defendant’s repair obligation cannot be recognized, although the Plaintiff recognized the defect of the electric ship installed in the temporary tent tent tent.

The defendant's assertion is without merit, inasmuch as there is no evidence to prove that the defect was a minor defect that could easily mislead without any particular expense, and there is no other evidence to prove it.

C. The Plaintiff’s assertion of violation of the Plaintiff’s duty to notify and the Defendant did not notify the Defendant of the leased object without delay where the leased object needs to be repaired even if the electrical ship is part of the building structure (Article 634 of the Civil Act).