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(영문) 대구지방법원상주지원 2017.08.09 2016가단10659
손해배상(기)
Text

1. The Defendant’s KRW 7,149,796 as well as the Plaintiff’s annual rate of 5% from October 14, 2016 to August 9, 2017.

Reasons

1. Basic facts

A. On October 14, 2016, the Plaintiff requested the Defendant to set up a working team in the cele Articles shop C, and the Defendant performed work on the same day on the same day.

B. At the time, two oil tanks consisting of inflammable substances, which are used as fuel for a grains manufacturer, were buried on the floor, and oil was buried at a place.

C. In order to install a work site, the Defendant: (a) emitted from the oil on the floor, which was scattered, and emitted from the oil on the floor; (b) destroyed the entire erops of the valleys owned by the Plaintiff, including two thirth oil tanks and 800 liters; and (c) destroyed part of the roof of the oil refineries.

[Ground of recognition] Facts without dispute, Gap evidence 2 to 5, Eul evidence 2 to 2 (including branch numbers; hereinafter the same shall apply)

2. There were two oil tanks under the static of the occurrence of the liability for damages, and on the floor, there was a oil located at a place in the vicinity, so the Defendant had a duty of care to take appropriate fire prevention measures, such as installing a fugitiver or installing a flammable fire spread around the surrounding area of the inflammable substances, etc. in order to prevent scattering of the incombustible substances from being scattered.

Nevertheless, the defendant neglected this and caused a fire due to negligence in the course of folding work without taking any specific fire prevention measures, and thus, the defendant is liable to compensate for the damages suffered by the plaintiff.

3. Scope of liability for damages

A. The Plaintiff’s assertion is liable to compensate the Plaintiff for total of KRW 40,825,00,000, KRW 23,600,000, KRW 16,665,00, and KRW 800,000 for the purchase cost of oil including 800 liters.

(b) The market price of oil, such as 800 liters, destroyed by fire of one class of the damage amount is 560.

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