(영문) 서울북부지방법원 2019.10.10 2019가단104713

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(영문) 서울북부지방법원 2019.10.10 2019가단104713

손해배상(기)

Text

1. Defendant C’s KRW 18,991,40, and as to the Plaintiff, KRW 5% per annum from November 26, 2017 to October 10, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a person who operated LBC in the name of “E” on the second floor of Seoul Special Metropolitan City, Nowon-gu D, and the Defendant C is a person who operated the LbC in the trade name of “F” on the first floor of the same building.

Defendant B is the owner of the entire building (hereinafter “instant building”).

B. On November 26, 2017, around 23:42, a fire was destroyed on the first floor of the instant building and the damage was caused to all the interior equipment of the second floor of the instant building.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion

A. Since the instant fire occurred due to the Defendants’ negligence, the Defendants are primarily responsible for the structure liability under Article 758 of the Civil Act, as well as the conjunctive liability for tort liability under Article 750 of the Civil Act.

B. The amount of damages that the Defendants shall compensate is KRW 30,00,000 for premium, ② KRW 27,200,000 for sound equipment, ③ air conditioners 975,000, ④ alcoholic beverage inventory 13,694,600, ⑤ 3,000 for solatium, ⑤ 74,869,600 for solatium.

3. Claim against Defendant C

A. The occurrence of liability for damages: 1) An accident resulting from a defect in the installation or preservation of a structure does not mean only a defect in the installation or preservation of the structure, but also a defect in the installation or preservation of the structure, so long as the defect in the installation or preservation of the structure becomes one of the joint causes of the accident, the damage caused by the accident shall be deemed to have occurred due to the defect in the installation or preservation of the structure. In addition, even in cases where a fire occurred due to a cause other than the defect in the installation or preservation of the structure or where the cause of a fire is not revealed, if the damage was caused due to the spread of a fire due to a defect in the installation or preservation of the structure, the defect in the installation or preservation of the structure shall be deemed as one of the joint causes of the fire accident (see Supreme Court Decision 2013Da61602, Feb. 12,

참조조문

-민법 제750조

-민법 제758조

유사 판례

-서울북부지방법원 2020.01.22 2019가단102540

-서울중앙지방법원 2019.11.12 2018나55472

-서울중앙지방법원 2021.02.03 2019나31633

-대법원 2020.04.29 2017다246616

-서울북부지방법원 2020.01.22 2019가단102540