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(영문) 서울서부지방법원 2017.05.12 2017나30068
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

1...

Reasons

1. The reasoning of the judgment of the court of first instance that cited this case is identical to the reasoning of the judgment of the court of first instance, except for the following matters, thereby citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On September 26, 2013, the second instance court's decision "B and the defendant shall read "B on September 26, 2013" as "B and the defendant's council of occupants' representatives of the defendant A apartment as of September 26, 2013".

B. Part 4 through 4 of the first instance judgment of the first instance court is subject to the following paragraph 2: "However, in consideration of all the circumstances revealed in the arguments of this case, such as the cause of the fire of this case and the principle of equitable sharing of damages, the liability of the Defendants shall be limited to 60% pursuant to Article 3 of the Act on Fire Liability."

2. The parts used in the hearing: Provided, That the following circumstances acknowledged by comprehensively considering the evidence mentioned above and the evidence Nos. B Nos. 1, 4, and 5, namely, that the cause of the fire of this case was confirmed to have been caused by the internal cutting line, such as escape guide, etc., and that the fire of this case was easily known to the outside, and the fire of this case occurred during the night (02:21) and the fire of this case did not seem to have little gross attention to the intention of the fire of the defendant A apartment apartment council; the fire of this case does not seem to have been caused by the fire of this case; the accident of this case was about 825 square meters of the underground parking lot and about 50 square meters of the underground parking lot, which was parked together with approximately KRW 487,970,000, which was caused by the fire of this case, and the damage caused by the fire on the parking lot could have been expanded by the fire of this case, and the fire of this case was found to have been directly caused by the fire of this case.

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