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(영문) 대법원 2015.02.12 2013다89105
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment of the court of first instance cited by the court below as to the grounds of appeal on the liability for damages under Article 750 of the Civil Act in light of the records, the court below is justified in rejecting the Plaintiff’s assertion that the instant fire occurred due to Defendant B’s negligence in management, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical

2. As to the grounds of appeal on the liability for damages under Article 758(1) of the Civil Act, a defect in the installation or preservation of a structure under Article 758(1) of the Civil Act refers to a state in which a structure fails to meet the safety requirements ordinarily required for its use.

Such safety should be determined on the basis of whether the installer or the keeper of the structure has fulfilled his duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.

(See Supreme Court Decision 2009Da101343 Decided April 29, 2010, etc.). The lower court, based on its stated reasoning, determined that Defendant B fulfilled its duty to take protective measures to the extent generally required by social norms in the use of the warehouse of this case, rejected the Plaintiff’s claim premised on the existence of defects in the installation or preservation of the warehouse of this case.

In light of the above legal principles and records, the above determination by the court below is just and acceptable, and contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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