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(영문) 서울중앙지방법원 2016.01.27 2015나43515
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The reason why the court should explain this case is the same as the reasoning of the judgment of the first instance, except for the addition of the judgment on the new argument made by the plaintiff in the court of first instance as follows. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The plaintiff asserts that the fire in this case occurred due to negligence, such as installing separate blocking facilities that the defendant can prevent the outside person's intrusion around the air-conditioning unit owned by him, or posting a warning phrase to the outside person so that the outside person does not throw away cigarette but does not take proper safety measures such as installing a protection network to prevent the inflow of cigarette butts, etc., so the defendant is liable to compensate the plaintiff for the damage caused by the fire in this case.

However, it is difficult to recognize that the fire in this case occurred by spreading air conditioners owned by the Defendant. According to the evidence Nos. 4 and No. 1 of the evidence Nos. 1, the above air conditioners can be acknowledged that they were installed on the above sand position panel roof of the Defendant's store. Thus, it is difficult to view that the Defendant is obliged to install the blocking facilities, etc. in the above air conditioners under social norms.

Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just as it is concluded, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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