Whether the Act on the Liability for Fire Caused by Negligence applies to the case of compensation for damages due to defects in the installation or preservation of a structure under Article 758 of the Civil Act

Since Article 758 of the Civil Code applies to cases where damage is incurred due to defects in the installation or preservation of a structure, the perpetrator shall be liable to compensate for such damage only when there is a gross negligence on the defect in the installation or preservation.

Article 758 of the Civil Act, the Act on the Liability for Fire Caused by Negligence

5. 5. 5. 5. 5. 4287 Guide271 (Supreme Court Decision 5676 delivered on May 5, 195, No. 2.4 of Supreme Court Decision, No. 657 of Supreme Court Decision No. 657)

Plaintiff 1 and one other

Defendant 1 and one other

Seoul District Court Southern Branch Court (80 Gohap410)

All of the appeals filed by the plaintiffs and the claims extended in the trial are dismissed.

The costs of appeal are assessed against the plaintiffs.

The Defendants shall jointly and severally pay to the Plaintiffs an amount of KRW 12,205,00 per annum from February 4, 1980 to the full payment of KRW 5% per annum.

Costs of lawsuit shall be borne by the defendants, and a judgment of provisional execution

Claims extended from the trial: The defendants shall jointly and severally pay to the plaintiffs an amount of KRW 13,397,00 and an annual amount of KRW 5% from February 4, 1980 to the full payment.

Costs of lawsuit shall be borne by the defendants, and a judgment of provisional execution

In addition to the cancellation of the original judgment, the purport of the original judgment is the same as that of the original judgment.

around 1:00 new walls of February 4, 1980 by Nonparty 1, who is the plaintiffs, the plaintiffs, were locked in the building of Samyang-gu, Gangwon-do, which is the joint ownership of Defendant 1 and his children, and the fire occurred in his room, and the fact that us died on 8th day of the same month during the medical treatment by suffering images, is not a dispute between us.

The plaintiffs asserted that, as the cause of the principal lawsuit, the above building was worn out of the so-called Japanese-style Japanese-style 70 years ago, and the fire occurred due to the difference between the kitchen and the release of the above building and Defendant 2, who is an employee of the above building, the manager of the above building, even though there were many concerns about fire occurrence, Defendant 2, as the manager of the above building, failed to confirm whether the above non-party et al. were able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to.

In a case where the above-mentioned 5-year old-end kitchen building was destroyed by a 5-year old-end kitchen, it is difficult for the defendants to use the 1-year old-end kitchen building to use the 5-year old-end kitchen building, and it is hard for them to use the 1-year old-end kitchen building to use the 5-year old-end kitchen building to use the 5-year old-end kitchen building and to use the 1-year old-end kitchen building to use the 5-year old-end kitchen building and to use the 5-year old-end kitchen building to use the 5-year old-end kitchen building and to use the 1-year old-end kitchen building to use the 5-year old-end kitchen building and to use the 1-year old-end kitchen building to use the 5-year old-end kitchen building, and it is difficult for them to use the 5-year old-end kitchen building to use the 1-year old-end kitchen building without any dispute.

Therefore, the plaintiffs' claim for this case is unfair, and it is just in the judgment of the court below. Therefore, since the plaintiffs' appeal and the extended claim in the trial are unfair, all of them are dismissed and the costs of appeal are assessed against the plaintiffs who have lost them. It is so decided as per Disposition.

Judges Kim Jong-Un (Presiding Judge)