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(영문) 대구고등법원 2019.12.05 2019나22303
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as follows, and the reasoning of the judgment of the court of first instance citing the instant case is identical to that of the judgment of the court of first instance, and thus, citing the same as it is in accordance with the main sentence of Article

2. The portion determined additionally by this Court

A. The Plaintiff, upon receipt of a request from the Plaintiff, neglected that “the Defendant shall safely load the instant scrap in a factory with less than fire or fire fighting, and if it loads it in the camping site, it did not open to the wall near the Plaintiff’s factory, and in preparation for the possibility that the Defendant or the surrounding factory-related parties might fire out of wooden boats due to the early cigarette butts, the fire extinguishers, fire walls, automatic fire extinguishing devices, etc. were installed in the vicinity of the instant scrap so as not to cause fire. In addition, the Defendant argued from the Plaintiff that “the fire or fire fighting boat, which was set up in the factory fence, is in a separate line with the Plaintiff’s wall,” and neglected it. Accordingly, according to the Defendant’s breach of the Defendant’s duty of care, the Plaintiff asserted that the instant wooden scrap and fire fighting unit itself played the role of the Plaintiff’s factory at the time of the occurrence of the instant fire, and thus, the Plaintiff was liable for damages arising from the spread of the Defendant’s fire or fire fighting.

In the fire site survey report (No. 4-3) prepared by the elderly fire station, the term "the wood wave of this case was loaded in a large quantity of marries around the defendant's access road at the time of fire in the open site of this case, it was stored with the wall (security) of the plaintiff's workplace, which is the neighboring factory, and the distance between neighboring buildings and marries.

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