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(영문) 인천지방법원 2018.04.03 2016가단217603
손해배상(산)
Text

1. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. Of the litigation costs, the Plaintiff and the Defendant incurred.

Reasons

1. Basic facts

A. The Defendant is an organization that consists of occupants of Yeonsu-gu Incheon Metropolitan City B Apartment (hereinafter “instant apartment”).

The Defendant entered into an entrustment contract with C Co., Ltd. (hereinafter “Nonindicted Company”) on the management of the instant apartment (hereinafter “instant management contract”) and entrusted the management of the said apartment to the Nonparty Company.

B. The Plaintiff was employed as an electrical safety supervisor in the non-party company and performed his duties in the instant apartment from August 7, 2015.

C. On September 1, 2015, around 13:20, the instant apartment complex 102: (a) destroyed the 19th floor corridor EPS room of the 19th floor apartment complex, and fire-fighting gas was emitted; and (b) the instant apartment complex 101 units and 102 units were turned out.

As a result, at around 13:30 on the same day, fire engines were dispatched to the apartment of this case, and some of the residents living in the 102 Dong were evacuated.

On September 14:20, 2015, the fire engine dispatched to the apartment of this case completed a check, and completed a check. On September 1, 2015, the time immediately after the fire engine was removed, the Plaintiff suffered serious injury, such as image, etc. with 16% of the surface of the body due to a fire that occurred at the place while entering the above EPS room and conducting a check at around 15:00 on September 1, 2015.

(hereinafter) The above fire accident is referred to as the "accident of this case" (the ground for recognition: The fact that there is no dispute, Gap's entries in the evidence Nos. 1 through 10, witness D's testimony and the purport of whole pleadings)

2. Summary of the assertion by the plaintiff and the intervenor

A. The Defendant, the primary cause of the Plaintiff 1, is the indirect occupant of the apartment of this case, which can be seen as a structure, and the ultimate subject of management affairs, and the cause of the accident of this case is based on the construction or preservation defects of the apartment of this case.

The plaintiff suffered serious damage due to the fire accident caused by the defect in the construction and preservation of the apartment of this case, and the defendant shall compensate for the damage suffered by the plaintiff who is the victim.

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