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(영문) 부산고등법원 2014.08.21 2013나51759
손해배상(기)
Text

1. Of the judgment of the court of first instance, in respect of Defendant Busan Metropolitan City, S, T, U, and V, the money that orders the payment below.

Reasons

1. Basic facts

A. On May 5, 2012, around 20:52, a fire (hereinafter “instant fire”) occurred inside the entertainment tavern “X” (hereinafter “instant main store”) located within the 3th floor (area 559.41m2, a total floor area of 3,987m23m2, hereinafter “instant building”) of the 2nd underground floor located in Busan Jin-gu, Busan and the 6nd ground-based building (hereinafter “instant building”).

B. Defendant Q and R are co-owners who own each share of 4/5, 1/5, and 5 of the instant building and the site thereof, and Defendant S, T, U, and V leased the third floor of the instant building from Defendant Q to operate the main points of the instant building.

C. Around June 2, 2009, Defendant U and V invested an amount equivalent to KRW 225,00,000, and obtained permission to change the use of the instant third floor of the instant building from the Busan Jin-gu Office to amusement drinking facilities (e.g., amusement taverns) in the second class neighborhood living facilities, and began the instant main place business from July 2, 2009 on the ground that Defendant S was the business president, and Defendant S served from that time until June 2, 2010.

The defendant T was a business president who invested KRW 30,000,000 in around August 2010 after the Defendant S was closed, followed the business permission name from the defendant S and reported the succession to the status of the business to the Busan Jin-gu Office, and held 6% shares after the above report was accepted, and operated the above main points until the fire occurred.

The main point of this case was composed of 24 rooms, 3 emergency exits, kitchens, toilets, toilets, corridors, multi-use rooms, etc. at the time of permission for change of use as amusement facilities around June 2009.

On the other hand, three emergency exits are linked to indoor statistics teams, 1 emergency exit No. 1 (hereinafter “1 emergency exit”) and 9(1)1 of the former Enforcement Decree of the Multi-Use Facility Act.

Article 36 of the Enforcement Decree of the Building Act and Article 36 of the Enforcement Decree of the Building Act are floors used for bar business among amusement facilities, and in which the total floor area of the living room is 300 square meters.

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