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(영문) 서울남부지방법원 2019.01.10 2018나54772
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation of this case is as follows, except for the addition of the following judgments as to the matters alleged by the plaintiff, and therefore, it refers to the grounds for the first instance judgment under the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that the defendant's liability should be mitigated in accordance with Article 3 of the Act on the Liability for Fire Caused by Negligence since there is no gross negligence of F or D with respect to the occurrence of the fire in this case.

Article 758(1) of the Civil Act is only applicable to the liability for damage caused by a fire directly caused by a defect in the installation and preservation of a structure itself, and the Act on the Liability for Fire Caused by Fire does not apply to the liability for damage from the said fire, and a fire directly caused by a defect in the installation and preservation of a structure as referred to in the Act on the Liability for Fire Caused by Fire only refers to a fire directly caused by the structure itself.

(2) As seen earlier, the fire of this case was destroyed by a fire that was directly caused by a defect in the installation and preservation of a structure, and the removal of a wall, etc. was destroyed by the expansion of the fire after the occurrence of the fire of this case. Although the Act on the Liability for Fire Caused by the Fire of this case applies to the fire of this case, as alleged by the Defendant, the fire of this case is set off to the extent of liability for damages caused by the fire of this case as a result of the fire of this case as the owner or possessor of the motor vehicle of this case, as the owner or possessor of the motor vehicle of this case.

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