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(영문) 서울북부지방법원 2019.04.04 2018나30236
손해배상금
Text

1. Of the judgment of the first instance, the Plaintiff amounting to the following additional payment order against Defendant C and D.

Reasons

1. Facts of recognition;

A. The Plaintiff runs the construction machinery rental business, etc. under the trade name of “H”, and Defendant B runs the business of collecting scrap metal, scrap metal, etc. with the trade name of “G”.

B. From the beginning of November 2015, E was engaged in the business of removing structures in the name of “F” and was awarded a contract for the removal of the two-story freezing warehouse in Songpa-gu Seoul, Songpa-gu, Seoul. Defendant C was awarded a subcontract for the removal of freezing rooms and lectures of freezing warehouses, pipes, and sn beam beams from the above freezing warehouse removal works, but E was required to register its business in order to enter into a contract for the removal works. On November 19, 2015, E and the Defendant B entered into a contract for the removal of buildings (hereinafter “instant removal works contract”) with the content that he would remove the board and pipe of freezing warehouses in the name of the Defendant B (hereinafter “instant removal works”).

C. On November 23, 2015, the Plaintiff, at Defendant C’s request, carried out ebane removal works in the said freezing storage using the ebregator owned by the Plaintiff on November 13:10, 2015. Defendant D, who was employed by Defendant C, carried out ebane removal works in the said freezing storage, and did not prepare fire extinguishers before the said freezing storage, but did not remove inflammable ebs away from the floor, and caused a fire to be carried out cut work without removing ebane, which was put to ebane, on the whole of the said freezing storage, which is a ebrupted structure, and destroyed the said freezing storage and soft ebs, and up to the outer wall of the building M, which is a ebreged building, destroyed part of the glass, windows, etc. of the room.

(hereinafter “instant fire accident”). D.

After the fire accident of this case, Defendant B prepared a mid-term equipment lease contract with the Plaintiff on the date on which the contract was prepared, retroactively as of the date of the fire accident of this case.

E. Defendant C and D are equipment and building damage caused by a fire on the first place on December 11, 2015.

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