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(영문) 수원지방법원 2018.01.19 2017가단113
손해배상(기)
Text

1. The Defendant’s KRW 23,797,00 for the Plaintiff and KRW 5% per annum from July 18, 2016 to January 19, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of a house (hereinafter “instant house”) composed of 34 square meters in a vinyl house located in the wife B in the city of Permitted-si. The Plaintiff is a 34 square meters of the instant house (hereinafter “instant house”).

B. On July 17, 2016, at around 23:10, a fire occurred in electric wires near the entrance and exit of a vinyl house of the instant house, and the instant house, container, and its interior were destroyed by fire.

(hereinafter referred to as “instant fire”) C.

With respect to the instant fire, he prepared a fire site inspection report stating that “the fire is presumed to have occurred due to electrical factors (the occurrence of a fire by extinguishing heat from an electrical cable near the entrance and exit exit), deeming that the shock is identified in the nearby cable of the entrance and exit exit.”

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, 4, 8, 9 (including each number; hereinafter the same shall apply)'s descriptions, images, and the purport of the whole pleadings

2. The parties' assertion

A. Unlike general cases, the seal line from the human occupancy to the above house immediately is connected to the above house due to the personal occupancy of the Plaintiff’s housing site. In this case, the seal line connection point in the instant case shall be deemed to be the part of the cable from the human occupancy to the external meter, and the fire in the instant case occurred from the cable prior to the clerical error until the meter.

Therefore, the fire of this case is due to the defect in the installation or preservation of the non-party's electrical ship installation work or structure that the defendant performed by the defendant, and the defendant is liable for employer's liability under Article 756 of the Civil Act or liability for damages as a structure occupant under Article 758 (1) of the Civil Act

The Plaintiff incurred damages of KRW 86,850,00 (=property damages of KRW 24,797,000) (=property damages of KRW 11,79,000, KRW 11,798,000, KRW 108,000, KRW 11,000, KRW 1053,00, KRW 100) due to the instant fire, so the Defendant is and the Plaintiff.

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