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(영문) 인천지방법원부천지원 2015.11.26 2015가단11276
손해배상(기)
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The plaintiff (appointed)'s assertion

A. The Plaintiff (Appointed) and the designated parties are the occupants of the building of the Kucheon-si K-gu Seoul Special Metropolitan City (hereinafter “the instant officetels”), and the Defendant is responsible for the overall management of the said officetels.

B. At around 10:40 on September 18, 2014, the instant officetel was destroyed by a fire on the first floor of the underground level due to an unabstinence due to electrical factors, and came to spread to the entire building.

C. The Defendant is a company responsible for the overall management of the instant officetels, and is responsible for the management of facilities, such as the safety and defect repair of facilities in the officetels. In particular, since the Defendant is obligated to perform various inspections and inspections of electrical safety facilities, fire safety and hygiene facilities, etc. in the management of facilities, it is negligent in performing the duty to confirm whether the electric safety facilities in the officetels are normally operated and to manage them so that the officetels occupants can live safely, thereby causing the instant fire. Furthermore, even if the Defendant is obligated to promptly notify the occupants of the fire after the occurrence of the fire and to take measures to safely evacuate, it is negligent in the Defendant’s failure to take measures so that the fire may be expanded from the first floor to the whole officetels to cause additional damage.

The defendant's tort caused the following property and mental damage to the plaintiff (appointed party) and the designated parties, and thus, the defendant is obligated to compensate for such damage.

1) Property damage: 10 days after the instant fire, costs incurred in using external accommodation and resolving meals, laundry due to the destruction of household tools, clothes contamination, etc., and 6,478,751 won (Appointed Party) and the remaining designated parties: 1,00,000 won, respectively. 2,00,000,000 won.

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