A. The nature of the liability for damages under Article 758(1) of the Civil Act and the purport of the Act on the Liability for Fire Caused by Negligence

(b) Applicable provisions of Acts in case where a fire occurred due to a defect in the installation or preservation of structures, and a neighboring house is burned;

A. Article 758(1) of the Civil Act recognizes a kind of liability for negligence without fault, and the Act on the Liability for Fire Caused by fire is to limit the liability for fire by gross negligence in consideration of the fact that, once a fire occurs due to fire, the damage other than expected by burning nearby houses and other things increases, and the responsibility of the firer is excessive.

B. Article 758(1) of the Civil Act shall apply to the liability for damages caused by a fire directly due to a defect in the installation or preservation of a structure itself and the Act on the Liability for Fire Caused by a fire shall apply to the liability for damages caused by a fire.

Article 758(1) of the Civil Act on the Liability for Negligence

Attorney Lee Young-young, Counsel for the plaintiff-appellant

Defendant-Appellant No. 50

Seoul High Court Decision 82Na629 delivered on June 1, 1982

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal are examined.

1. Since Article 758(1) of the Civil Act generally includes danger and injury, the owner or possessor of a structure is responsible for compensating for damages caused by defects in the installation and preservation of the structure. Meanwhile, the Act on Fire Liability is interpreted as limited to cases of fire in light of the fact that once a fire occurs due to fire in the vicinity's house and other things, the liability for damages caused by a fire in the area of gross negligence shall be extended and the liability of the fire in the area of fire in the area of the fire in the area of the construction and preservation of the structure is excessive, it is reasonable to apply Article 758(1) of the Civil Act to the liability for damages caused by a fire in the area of the building itself and interpret that the Act on Fire Liability shall apply to the liability for damages caused by the fire in the area of the building and the fire in the area of the fire in the area of the building. This opinion does not conflict with the precedent cited by the theory of lawsuit. Therefore, the court below's determination of strict liability as to the plaintiff's claim for damages caused by fire in the adjacent house and the fire in the area of the defendant.

2. Furthermore, the judgment of the court below judged that there is a negligence in the establishment and preservation of the smoke carbon, which caused the fire in this case, and that the degree of the negligence is not significant. It is reasonable to review the records, and it is reasonable to accept the measures, and it cannot be said that there is a violation of the rules of evidence or a misapprehension of the legal principles as to gross negligence, even though it is incomplete and incomplete.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeon Soo-hee (Presiding Justice)