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1. The Defendant’s KRW 29,700,000 as well as 5% per annum from June 21, 2013 to September 30, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that produces automobile parts, etc. in a factory located in Gwangju Metropolitan City, Gwangju Metropolitan City, No. 3 Live Movables Group (hereinafter “Plaintiff factory”), and the Defendant is a company that manufactures rubber products, etc. at a factory located in 118, 2-ro, 118 adjacent to it (hereinafter “Defendant factory”).
B. On May 6, 2013, a fire occurred in the above high temperature compressed machine (hereinafter “instant fire”) due to Defendant A’s negligence, which produced goods using scrap crushingr in the Defendant factory. A fire was caused by the Plaintiff’s plant’s wall board, warehouse lecture board, etc.
C. On May 2013, the Plaintiff awarded a contract to the Dongyang Construction Co., Ltd. (hereinafter “Dongyang Construction”) for the repair work of the parts destroyed by the instant fire (hereinafter “instant construction work”). On June 21, 2013, Dongyang Construction completed the instant construction work on or around June 21, 2013.
[Ground of recognition] Facts without dispute, Eul evidence 1, Eul evidence 5-1, witness Eul's testimony and the purport of whole pleadings
2. Determination
A. Unlike the former Act on the Liability for Fire Caused by Negligence (wholly amended by Act No. 9648 of May 8, 2009), the Act on the Liability for Fire Caused by Negligence (wholly amended by Act No. 9648 of May 8, 2009) only provides special provisions on the reduction of the amount of damages, but does not provide for the restriction on the establishment of liability for damages. Thus, unless otherwise provided by other Acts, the determination by the occupant or owner of a structure on the liability for damage caused by a defect in the installation and preservation of a structure shall be made pursuant to the provisions of the Civil Act, unless otherwise provided by other Acts. Therefore, not only the liability for damage caused by a fire directly caused by a defect in the installation and preservation of a structure, but also the part destroyed by the fire.