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(영문) 서울북부지방법원 2017.11.21 2016가단23363
손해배상금
Text

1. The Defendants jointly share KRW 38,224,225 with respect to the Plaintiff, and the period from November 23, 2015 to November 21, 2017.

Reasons

1. Basic facts

A. E runs a business of removing structures with the trade name of “F”, and Defendant B runs a business of collecting scrap iron and scrap iron with the trade name of “G”, and the Plaintiff runs a construction machinery rental business with the trade name of “H”.

B. On November 1, 2015, E entered into a contract with I for the removal of the two-story freezing warehouse in Songpa-gu Seoul, Songpa-gu, Seoul. On November 19, 2015, on the part of Defendant B and the above freezing warehouse removal works, E concluded a contract for the removal of buildings with the purport to remove the board and lecture pipes of freezing warehouses, and the sn beamline at Defendant B’s expense (hereinafter “instant removal construction contract,” and “instant removal construction”).

C. On November 23, 2015, the Plaintiff, at the request of Defendant C, carried out the said freezing storage by using the clicker (L; hereinafter “instant clicker”) on his own possession on November 13:10, 2015. The Plaintiff, who was employed by Defendant C, carried out the clicking operations in the said freezing storage. While Defendant C carried out the steel cutting operations in front of the said freezing storage, he did not prepare fire extinguishers, and cut it without removing click, which is an inflammable substance on the floor, and caused an accident by setting fire to the clicker, which was put to the said freezing storage and digging machine, and destroyed the said click storage and digging machine by setting the outer wall of the building M, which is the main structure, and then destroyed part of the glass, windows, and windows, etc. of the dracker.

(hereinafter “instant fire accident”). D.

Defendant C and D: (a) on December 11, 2015, each letter stating that “I will be fully responsible for the portion of compensation for equipment and building damage caused by a fire at the present site (the entire portion of compensation for the following building)” was written and delivered in the position of the person in charge; and (b) Defendant D was written and issued in the position of the guarantor.

E. N and Defendant C, the director of F, who was the head of the construction site at the above site due to the fire accident.

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