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(영문) 대구지방법원 2020.12.09 2020가단107442
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) A is a building of 2nd underground and 7th underground in Daegu Jung-gu, and that of 2nd underground floors is a machine room and parking lot, and 1st to 4th underground floors are neighborhood living facilities such as stores, general restaurants, bathing rooms, and 5th to 7th underground floors are apartment buildings;

The plaintiff is an organization that collects the management expenses of the tenant in the commercial building and carries out other incidental projects delegated by the owner of the commercial building among the above building A.

B. On February 9, 2019, C, as the owner and operator of E-Syna in the A4th floor, violated the duty of care to prevent fire by neglecting the duty of care by failing to take measures such as requesting a specialized electrical equipment company, etc. to repair the risks of fire, such as water leakage and electricity, even though C received a recommendation to replace or repair E-Syna signboards and corridor-type lights from F, an electrical safety manager, by smelling smell at the wharf of E-Syna or male bath.

As a result, at around 07:10 on February 19, 2019, the heat occurred for a long time due to the contact between the pluger connected to the pluger and the part where the distribution line is connected, the defect of the distribution line, and the interruption of small lines, etc. at the bottom of the wall surface of the wharf, which led to a fire and a poisonous gas by causing a sudden reduction of internal capacity due to the combined action of plaling and plaling in the process of the reduction of internal capacity by failing to check or replace the plug and plr’s body, which caused a fire to occur, following the occurrence of the fire, the direction of the back of the corridor, the direction of the right side of the corridor, the direction of the remaining side and the front entrance of the wall. As a result, Ebox or inside the facility caused damage to the section for common use caused by the expansion of the fire.

C In relation to the death and injury of victims of the instant fire accident, C by occupational negligence on April 4, 2009.

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