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(영문) 부산지방법원서부지원 2019.07.19 2018가단107655
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff operated a restaurant (hereinafter “instant restaurant”) with the trade name “D” on the second floor of the building located in Daegu Northern-gu, Seoul (hereinafter “D”).

On June 19, 2015, the Defendant entered into an employment contract with the Plaintiff on June 19, 2015, setting a day-to-day wage of KRW 5,580, and working hours at every Saturday and Sundays 12:00 to 24:00, and worked at the instant restaurant from June 20, 2015 as an employee.

B. On July 11, 2015, at around 12:00, the Defendant worked at the instant restaurant and laid down food in the strings strings, thereby leaving the kitchen to clean up a restaurant room. On July 11, 2015, the Defendant: (a) put about food on the strings, put about about 50 minutes of oil on the gas strings; and (b) left the kitchen to clean up a restaurant room.

Between them, influent oil for influenting of money gas, fire was fluordd with oil, and the Defendant found it divinged gas bags and filed a 119 fire report, and then, in order to extinguish fire, water spread and fire was laid down in toilets, but instead, it was moved to the surrounding area.

Since then, it was difficult to move to the entire restaurant through the walls, ceilings, etc. inside the kitchen, and part of the whole and the restaurant hall of the kitchen.

(B) At the time of the instant fire, the Defendant suffered 2 degrees of images as well as fingers, fingers, heads and necks in the process of extinguishing the said fire.

C. The Plaintiff received KRW 32,712,605,00 in total from F Co., Ltd. the insurance money for the main part of the instant restaurant, negligence, and damaged facilities.

Although the Defendant entered the instant fire on a job-based basis, the Defendant was ordered to suspend indictment on the following grounds: “The Defendant neglected due care in the process that the Defendant, who caused the instant fire, caused the fire to protruding oil, and was entitled to compensation for damages by taking account of the fact that the Defendant’s negligence in the process of protruding oil.”

[Grounds for recognition] The fact that there is no dispute;

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