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(영문) 서울중앙지방법원 2014.07.09 2013가합46479
손해배상
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

On the premise, around 06:43 on October 31, 2012, the occurrence of a fire accident, in the “Ecafeteria” of Defendant C’s operation in Jongno-gu Seoul Metropolitan Government (hereinafter “instant restaurant”), Defendant B, the main room of which was the Defendant B, made a brupt and exhauster for customers, and caused a fire in the tent and exhauster, and accordingly, the accident was that the total of 40 stores, including the “G” restaurant operated by the Plaintiff in F, were destroyed.

After the criminal judgment against Defendant B, Defendant B had a duty of care to prevent an excessive oil from being sprinked to the burner, and to prepare for food oil on the top of the month in which the frode was put to the frode, (1) properly control it so that it can not enter the food oil used at the time of cooking, (2) properly control the fire of the burner, (3) use the adequate quantity of oil according to the degree of frode by the frode, and (4) in the course of cooking, there was a duty of care to clean up the oil time around the burner and prevent it from being sprinked, and then put it into the surrounding area through a frode, etc. by burning the oil, which was dried to the frode in the air, and then setting it out through a frode and a frode, etc., and then setting it into the surrounding area of the building through a frode, etc., without being negligent.

On August 8, 2013, the first instance court acquitted Defendant B on the ground that there is no evidence of the breach of duty of care.

(서울중앙지방법원 2013고단2111 판결). 이에 검사가 항소를 하여 "B이 만연히 달궈진 프라이팬에 수분이 함유된 기름을 붓는 바람에 과열된 기름은 ‘팍팍팍’ 요동을 치면서 프라이팬 주변과 공중으로 비산하고, 버너의 불길은 비산된 기름을 타고 치솟는 한편 그 불길은...

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