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1. The Defendant’s KRW 47,073,318 and the said money to the Plaintiff are 5% per annum from April 3, 2015 to September 28, 2016.
Reasons
1. Basic facts
A. On November 7, 2014, the Plaintiff entered into a fire mutual aid agreement (hereinafter “instant mutual aid agreement”) with the non-party J&C Co., Ltd. (hereinafter referred to as “non-party Co., Ltd”).
B. On November 28, 2014, around 11:31, 2014, the Defendant used contact work to raise the height of cargo set in the building located in the non-party company located in the 63-10 Adong (hereinafter “the building of this case”).
During the cover work, an accident was caused by fire in the building of this case, such as buildings, appurtenant facilities, inventory assets, etc. (hereinafter referred to as the "accident of this case") by sponsing the adjacent wall to the adjacent wall.
C. On April 3, 2015, the Plaintiff paid KRW 156,911,061 (i.e., inventory assets of KRW 84,287,512) to Nonparty Company with mutual aid money for losses arising from the instant accident (i.e., the building KRW 72,623,549).
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 evidence, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is responsible for compensating the damage suffered by the non-party company in accordance with Article 750 of the Civil Act, since there was a sand position panel around the construction site with fire risks, and thus, the defendant is responsible for compensating the plaintiff who paid the non-party company the mutual aid money in accordance with the mutual aid agreement in this case, because he was negligent in taking measures to prevent the frying fireworks from protrudinging.
B. Meanwhile, pursuant to Article 3(1) of the Act on the Liability for Fire Caused by Negligence, in the event that the actual owner does not have gross negligence, the claim for damages caused by burning may be claimed to reduce the amount of damages. In this case, the court may reduce the amount of damages in consideration of the circumstances under each subparagraph of Article 3(2) of the same
(see, e.g., Supreme Court Decision 2010Da71318, Mar. 28, 2013). As to the instant case, the health unit, the fact of recognition, and the foregoing.