logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.05.14 2014가단523080
손해배상(기)
Text

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

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

Reasons

1. Basic facts

A. The Plaintiff operated the restaurant of “G” in Gangdong-gu Seoul Metropolitan Government F, and the Selection C operated the restaurant of “I” on H and the first floor, and the Defendant operated the restaurant of “K” in J (hereinafter “instant chemicalization”).

B. On April 8, 2014, around 15:20, a fire (hereinafter “instant fire”) occurred in the instant chemical source and destroyed part of the building that was moved to the restaurant building of a neighboring designated person C. Around 15:20, salt purchased jointly by the Plaintiff and the designated parties, which was accumulated on the restaurant building that was destroyed by the said restaurant building, and salt and salted fish were damaged.

[Grounds for Recognition] Unsatisfy, entry and video of Gap 1 to 4 (including branch numbers for those with a serial number) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant fire occurred in K, and the fire spreaded to the designated restaurant building C.

The defendant shall bear liability for damages caused by illegal acts due to negligence that has neglected such duty of care even though he/she has a duty of care to prevent fire hazards and prevent fire expansion.

In addition, as the possessor of K with high inflammable materials, the Defendant did not take such measures as having to install automatic fire extinguishing devices inside the said chemical source. This constitutes a defect in the installation and preservation of a structure under Article 758(1) of the Civil Act, and thus, the Defendant is liable for damages arising therefrom. Accordingly, the Defendant is liable for damages to the Plaintiff, the victim of the instant fire, and the designated parties.

B. According to the evidence No. 9 of the judgment as to the claim for damages caused by the tort No. 1, the point where the fire of this case first occurred was behind K’s lighting signboards, and as to the request for appraisal as to whether the mechanical defect of the electric stabilizers installed therein and the possibility of the outbreak thereof.

arrow