beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Since around October 31, 201, the Plaintiff leased and used a vinyl C’s ground-based vinyl owned by the Defendant from the Defendant, the Plaintiff renewed the lease agreement with the Defendant on October 31, 201, with the content that the four vinyls on the ground of the said site (hereinafter “instant site”) were leased deposit 5,500,000, the rent deposit amount of KRW 90,000,000, and the lease term of KRW 31, 201,000, for two years from October 31, 201 (hereinafter “the lease”).
B. On June 11, 201, E upon D’s request, around 13:59, the instant fire, including the instant vinyl, was destroyed by the said greenhouses, which were burned the said site, on the instant land, while the flame of the electric melter was accumulated in the plastic house, while being engaged in the melting works for repairing the entrance of the instant plastic house.
[Ground for Recognition: Unsatisfy, Gap evidence 1 to 5 (including branch numbers if there is a satisfy number), witness D's testimony]
2. The assertion and judgment
A. The Plaintiff asserted that the fire of this case caused damage equivalent to KRW 456,111,70 as the Plaintiff’s team and clothes, freight trucks, container containers, etc. outside the Plaintiff’s greenhouse, which were owned by the Plaintiff, was destroyed by the fire of this case. Since the fire of this case occurred due to the negligence of E in the position of the Defendant himself or the Defendant’s employee or performance assistant, the Defendant is liable to compensate the Plaintiff for the damage caused by the fire of this case.
B. We examine whether E, which caused the instant fire, is an implementing assistant of the Defendant or an employee who employs the Defendant, without any evidence to prove that the instant fire was caused by the Defendant’s direct negligence.
According to Article 391 of the Civil Code, when the debtor performs his/her obligation by using another person, the employee's intentional intent.