logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.07.08 2015나1554
손해배상(기)
Text

1. The part against the conjunctive Defendants in the judgment of the court of first instance, which constitutes the following order to pay:

Reasons

1. Basic facts

A. A single-story building with a size of 343.2 square meters in the floor area of a wooden prefabricated structure on the G ground (hereinafter “H shopping mall building”) in the city of Kuju-si is owned by I, and the primary Defendant leased 1 to 198 square meters in the above building and operated a H shopping mall retail store (hereinafter “H shopping mall store”) with the trade name “198 square meters in the above building.”

B. The Plaintiff operated a retail store selling salt, vinyl, decoration, etc. (hereinafter “K merchant building”) with the trade name, which is called “K merchant,” from the Haju-si ground building adjacent to the H merchant building (hereinafter “K merchant building”).

C. On February 14, 2013, around 11:14, a fire (hereinafter “instant fire”) occurred within the H upper store. On the same day, the fire extinguishing began by arriving at the site of the 11:21 fire vehicles. However, the H upper building consisting of inflammable materials, sand site panel, and joint board wooden, which led to rapid combustion. Ultimately, the said fire was moved to the K upper session’s building located adjacent to the H upper session building.

On the other hand, I died on August 7, 2013, which was after the instant fire, and the conjunctive Defendants, as the successors of I, succeeded to I’s 3/9 shares in Preliminary Defendants, the wife of I, and 2/9 shares in each of them.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 3, 5 (including branch numbers, if any; hereinafter the same shall apply), Eul 1 through 4, and 7, and the purport of the whole pleadings and arguments

2. The fire in this case occurred due to the defect in the H shop, which is the main structure of the Plaintiff’s assertion, and the fire was spreaded to the KS’s building and the Plaintiff suffered the damage that occurred in the front of the SH’s building. Accordingly, the primary Defendant, the possessor of the H shop, who is the primary Defendant, is the owner of the HH shop, pursuant to the main text of Article 758(1) of the Civil Act, and the primary Defendants, the SH’s heir, as the owner of the H shop, incurred the damage to the Plaintiff.

arrow