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(영문) 부산지방법원 2018.12.19 2018나53603
구상금
Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The appeal cost and this court.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' with respect to the claim for damages caused by a tort added by the plaintiff in this court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The gist of the plaintiff's assertion that the fire accident of this case occurred within the leased section of this case under Article 758 (1) of the Civil Act was caused by the defendant's employee C under the bottom of the leased section of this case. If the defendant's employee C had taken protective measures to the extent generally required in proportion to the risk of structure, the fire did not occur, and the building other than the leased section of this case was not spread. Ultimately, the fire accident of this case occurred due to the defect in installation and preservation as mentioned above. Thus, the defendant is the possessor of the leased section of this case who was the owner of the leased section of this case under Article 758 (1) of the Civil Act, and the plaintiff is liable to compensate for the damages suffered by the plaintiff who was the owner of the leased part of this case under Article 758 (1) of the Civil Act. Since the plaintiff paid the insurance money for damages caused by the fire to the defendant under Article 682 (1) of the Commercial Act by acquiring the right to claim damages against the defendant under Article 682 (1) of the Civil Act, the defendant's liability for correction of the new fire 63736.

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