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(영문) 부산지방법원 2017.06.15 2016나48850
구상금
Text

1. The plaintiff's appeal against the defendant A and all appeals against the defendant B, C, D, and E are dismissed.

2. The costs of appeal shall be individually counted.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this part of the court's explanation is the same as the reasoning of the court's decision of the first instance except for the following parts, and therefore, this part shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The portion of the constructed structure, and the part of the installed structure, if any damage is inflicted on another person due to a defect in the installation and preservation of the structure, the possessor of the structure shall be liable for the damages first, and the owner of the structure shall be liable for the second damages only if he/she fails to exercise due care necessary for the prevention of damage (Article 758(1) of the Civil Act). The term “owner of the structure” in this context means a person who has the authority and responsibility for the repair and management of the structure to prevent various accidents that may arise due to a defect in the installation or preservation, while actually controlling the structure

(2) In light of the legal principles as seen earlier, if a fire is destroyed due to a defect existing in the area controlled and managed by a lessor, such as the electrical ship, which forms a part of the building structure, where a house, other building, or a part of a building or a lessee thereof was delivered by a lessor and occupied and used the leased object, if the fire is presumed to have occurred due to a defect existing in the area controlled and managed by the lessor, such as the electrical ship, which forms a part of the building structure, the repair and removal of the defect belongs to the lessor’s duty to maintain the condition necessary for the use and profit-making of the leased object.

(2) In light of the aforementioned legal principles, the lower court determined that the instant fire was caused by the combination of electrical power lines inside the ceiling of the instant building, i.e., the instant fire caused by the combination of electrical power lines, in light of the following circumstances: (a) the instant fire was likely to have been caused by the combination of electrical power lines inside the ceiling of the instant building.

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