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(영문) 수원지방법원 2018.05.30 2017가합25782
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The Plaintiffs operate a factory that produces parts processing of machinery equipment and semiconductor equipment and semiconductor equipment, etc. (hereinafter referred to as “Plaintiff factory”) with the mutual name of “E” and “F”).

The Defendants are operating a factory that manufactures automobile parts, etc. (hereinafter “Defendant factory”) with the trade name “I” in H in the vicinity of the Plaintiff factory.

Plaintiff

The factory and the defendant factory are in contact with each other, and the interval is about one meter.

On December 9, 2014, at around 1:30 minutes of a new wall, a fire (hereinafter “the fire in this case”) occurred in the Defendant factory. Accordingly, the occurrence of damage caused by fire to some of the Defendant factory and the office fixtures, machinery, etc. located therein. The fire in this case was relocated to the Plaintiff factory located in the vicinity, thereby burning the Plaintiff’s building and internal office fixtures, etc.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4 (including the number of branch numbers; hereinafter the same shall apply) and the gist of the plaintiffs' assertion as to the purport of the whole pleadings, as to the fire of this case, the plaintiff's factory building and the interior house, etc. were damaged by burning the fire of this case, the defendants are jointly obligated to pay damages amounting to 216,248,917 (i.e., the amount of damage suffered by the plaintiffs due to the fire of this case pursuant to Article 758 (1) of the Civil Act and Article 750 of the Civil Act (i.e., the amount of damage caused by the fire of this case, such as movable property and facilities, 165,52,437

Judgment

“Defect in the construction or maintenance 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. In determining whether such safety requirements are met, whether the installer or keeper of the structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.

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