logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.06.19 2018나2073745
구상금
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the reasoning of this case, such as the quotation of the judgment of the court of first instance, are as follows, except for adding the judgment identical to that of paragraph (2) to the assertion that the plaintiff added or emphasized in this court, and thus, the reasoning for the judgment of the court of first instance is as stated in the text of Article 420 of the Civil Procedure

On the 4th judgment of the first instance court, the "Knam District Police Station" in the 12th judgment of the Gyeonggi-do District Police Agency is regarded as the "Knam District Police Agency".

Under the 6th judgment of the first instance court, the "Evidence 12" of the first sentence shall be raised as "Evidence 4 of the A".

In the 7th judgment of the first instance court, the "protection facility" in the 4th judgment shall be improved to "fire prevention facility".

2. Additional determination

A. The gist of the Plaintiff’s assertion was that the instant fire occurred only in the E-factory building even though the surrounding factories were also a similar recycling factory with a facility or structure.

This seems to have been caused by the mechanical elements or electrical wires of the voltager in the E-factory building. Therefore, it is reasonable to presume that the instant fire occurred due to the defect in the installation and preservation of the E-factory building.

In addition, despite the high fire risk of the E-factory building, Defendant B did not perform the duty of protection to the extent generally required by social norms in proportion to the risk, and Defendant B did not perform the duty of fire-resistant structure, noncombustible material, and alarm equipment under the relevant laws and regulations, and caused the fire-resistant damage to the damaged building due to the expansion of fire.

Therefore, Defendant B, the possessor of the E-factory building, and the Defendant Company, the insurer thereof, are jointly obligated to pay the Plaintiff, the insurer for the damaged building, KRW 24,643,233 of the insurance proceeds paid by the Plaintiff due to the instant fire, and delay damages.

(B) Determination 1) Installation of structures as stipulated in Article 758(1) of the Civil Act or installation of structures.

arrow