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Reasons
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(영문) 대구지방법원 2015.09.24 2014가합2123
손해배상(기)
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1. The Defendant’s KRW 35,219,50 for the Plaintiff and the following: 5% per annum from March 28, 2014 to September 24, 2015.

Reasons

1. Basic facts

A. The Plaintiff is the owner of a 116.2 square meters of neighborhood living facilities (manufacturing place) in the 116.2 square meters (hereinafter “instant building”). The Plaintiff is the owner of the Gyeongdong-gun C’s ground Gyeongdong-gun’s Gyeongdong-gun’s ground pipe E, which is linked to the instant building, and the Defendant is the owner of the 42.7 square meters of the 42.7 square meters of the Gyeongdong-gun’s ground pipe panel and the 40.26 square meters of the Gagdong-gun’s roof (hereinafter “instant warehouse”).

(A) Nos. 4, 11, b.

The instant building has a wall and a roof as a sandd position panel, and the instant building and the instant warehouse are immediately adjacent to the instant building and the instant warehouse, and there was a pents with brins and steel nets among them.

C. On February 20, 2014, around 15:35, a fire (hereinafter “instant fire”) occurred when a fire was removed from the wooden fluor, which was accumulated in front of the instant warehouse, to the instant warehouse. The wall and roof of the instant building were destroyed by the instant building once in fluor length, and the trees, machinery, and wood inside the building were destroyed by fire.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 4, 5, 6, 11 (including each number in the case of provisional evidence; hereinafter the same shall apply), Eul evidence Nos. 1 and images, Eul evidence Nos. 1, the result of on-site inspection by this court, the purport of the whole pleadings

2. The parties' assertion

A. Since the fire caused by the Defendant’s intentional act, or by gross negligence or negligence caused by the Defendant’s garbage incineration, and the fire caused by the instant fire that occurred in the warehouse owned by the Defendant, the instant building, etc. was destroyed by fire, the Defendant is liable to compensate the Plaintiff for the damages.

B. The defendant's assertion that there was no fire prevention or incineration of garbage at the time of the fire of this case.

3. Occurrence of liability for damages;

A. Whether the instant fire occurred due to the Defendant’s intentional act or gross negligence such as garbage incineration.

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