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(영문) 전주지방법원군산지원 2016.02.25 2015가단3926
손해배상(기)
Text

1. The Defendant’s KRW 3,44,127 as well as 5% per annum from November 17, 2013 to February 25, 2016 to the Plaintiff.

Reasons

1. The fire history of this case

A. The Plaintiff is the owner of the building on the ground outside C and one parcel (hereinafter “the instant damaged building”). The Defendant is the owner of the instant damaged building D ground that is directly adjacent to the instant damaged building (hereinafter “the instant building”).

On the instant building, several shop occupants, such as E, coffee specialty (hereinafter referred to as “E”), F, coffee specialty (hereinafter referred to as “F”), G (hereinafter referred to as “G”), and miscellaneous store.

B. On November 17, 2013, a fire (hereinafter “instant fire”) occurred in a warehouse used in the F of the instant building (hereinafter “instant warehouse”) around 10:30.

The fire of this case was rapidly expanded to the entire building of this case, and damaged the outer wall of the damaged building of this case by drinking, etc.

[Ground of recognition] The absence of dispute, Gap evidence Nos. 1 through 5, the fact-finding results of this court's fact-finding, and the fact-finding results of this court's fact-finding on the Jeonsan Police Station

2. Occurrence of liability for damages;

(a) Defect in the installation or preservation of a structure as referred to in Article 758(1) of the Civil Act means that the structure is in a state of failing to meet the safety requirements ordinarily required for its use;

Such safety should be determined on the basis of whether the installer or the keeper of the structure has fulfilled his duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.

In addition, an accident caused by a defect in the installation or preservation of a structure refers to only a defect in the installation or preservation of a structure, which causes the occurrence of the damage, and as long as a defect in the installation or preservation of a structure becomes one of the joint causes of the accident, the damage caused by an accident shall be deemed to have occurred due to a defect in the installation or preservation of a structure.

b) the Commission;

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