United Nations Weights Co., Ltd. (Law Firm Yang Hun-Ba, Attorney Park Jong-woo, Counsel for defendant-appellant)

The Arts Complex (Attorney Go Chang-deok, Counsel for the defendant-appellant)

November 6, 2009

1. The plaintiff's claim is dismissed.

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

The defendant shall pay to the plaintiff 898,263,845 won with 6% interest per annum from December 12, 2007 to the delivery date of the complaint of this case, and 20% interest per annum from the next day to the day of complete payment.

1. Basic facts

A. Status of the parties

The plaintiff is a company that conducts performance and broadcasting-related business, and the defendant is a special corporation established under Article 37 (1) of the Culture and Arts Promotion Act for the purpose of promoting projects for the operation of cultural and arts spaces and the promotion of culture and arts.

B. Conclusion of the instant performance contract and rental contract

(1) On May 15, 2007, the Plaintiff entered into a public performance agreement (hereinafter “instant public performance agreement”) with the S.A. (JUSTR Posing S.S.) (hereinafter “JPR”) to pay 18 times from January 4, 2008 to February 20, 20 of the same month with the Seongbuk Art Center 18 times at the Defendant’s performance hall from January 23 to February 14, 2007, when the Plaintiff performed 24 times at the Defendant’s performance hall, the Plaintiff paid 1,080,000 of performance fees to JPR and paid 90% of them to the JPR until December 30, 207.

(2) From January 22, 2008 to March 7, 2008 (including the preparation period of performance, the performance period, and the completion period; hereinafter the same shall apply) to rent the Defendant’s leuk theater (hereinafter “leuk theater”) for the instant performance, the Plaintiff submitted an application for rent to the Defendant on April 4, 2007, and received a written approval for rent from the Defendant from January 22, 2007 to February 14, 2008, to rent the leuk theater. On July 6, 2007, the Plaintiff concluded the rental agreement between the Defendant and the Plaintiff from January 22, 2008 to February 14, 2008 (including the preparation period, the performance period, the performance period) to February 14, 2008 to the Defendant, and the Plaintiff paid the rental fee to the Defendant (hereinafter “the basic rental fee to the Defendant”) as the rental fee of 200,300,000,000 won.

(3) After that, the Plaintiff entered into a rental agreement between the Sungnam Cultural Foundation and the Sungnam Cultural Foundation that the Plaintiff shall rent the Dannam Art Center from January 3, 2008 to the 20th of the same month and pay the rent of KRW 71,461,50 to the said Foundation.

(4) The relevant provisions of the rental agreement are as follows.

Article 10 (Use of Facilities)

(2) The lessee shall fulfill his/her duty of care as a good user with respect to the facilities and equipment of pawned facilities among the rental institutions, and in particular, flame retardation shall be provided inevitably in the case of stage equipment, and he/she shall make every effort to prevent fire.

Article 17 (Cooperation in Performance)

(1) The Swiss Council

2.In the event that the lessee wishes to use special effects, such as fire, fireworks, sand, powder, etc. during the performance, he/she shall consult at the Switzerland conference, and shall obtain approval from the pawn conference. In addition, he/she shall comply with the matters determined by the Switzerland conference, and shall consult in advance with the pawn rental staff and the stage supervisor.

Article 19 (Cancellation and Suspension of Performance)

(1) If the performance is revoked or suspended due to the circumstances of the lessee, the lessee shall be liable for the exchange and refund of the admission ticket, and for other buyers of the admission ticket.

(2) Where a public performance is revoked or suspended due to a natural disaster, the pawned and lessee shall not be liable to compensate for any mutual damage except for the exchange and refund of an admission ticket and the refund of the paid rent.

(3) Where the public performance is revoked or suspended due to the machinery defect, etc. which is not predicted as intention or negligence of the pawned hall, the liability for damages to the lessee of the pawned hall shall be limited to the matters related to the exchange and refund of admission tickets.

Documents submitted in relation to the stage;

(e) Documents pertaining to flame retardation (to be submitted one of the three forms below):

- Issuance of fire retardant performance test records (fire fighting records);

- Certificate of flame retardation performance test (issuance of Korea Fire Equipment Inspection Corporation)

- A test report by a national certified testing and inspection institute (e.g., textile technology research institute)

C. The occurrence of the instant fire and the termination of the instant rental agreement

(1) 2007. 12. 12. 오페라극장에서 국립오페라단이 오페라 ‘라보엠’ 공연 중 ○○○ 역을 맡은 소외 1이 성냥으로 불을 켜 종이 원고에 불을 붙이는 시늉을 한 다음 국립오페라단이 반입한 무대소품인 벽난로에 넣고 돌아서는 장면을 연기한 후 2 내지 4분이 지난 무렵인 19:38에서 19:39 사이에 위 벽난로에서 불이 나 위 벽난로 상부에서 무대소품인 무대 커튼으로 옮겨 붙은 후 천장으로 번지면서 화재(이하 ‘이 사건 화재’라 한다)가 발생하여 무대 375㎡와 조명시설, 음향시설, 기계시설 등이 소실되었다.

(2) On December 18, 2007, the Defendant notified the Plaintiff that the performance contract of this case was terminated on the ground that performance was impossible in the lava area due to the instant fire, and returned all the basic official fees received from the Plaintiff.

(d) The current status of the fire-fighting systems of overcoming and control thereof;

(1) The height of approximately 33 meters from the stage of the sapractic spug was open (sprinking method, daily sprinking type), and the height of about 29 meters was installed with a spug (sprinking net for inspection) from the time of completion. Although the spug was installed automatically by the fire reduction devices, the Defendant, upon approval from the competent fire station, installed an additional electric valve at the second side of the spuging system for the flow testing of flowing water so as to ensure that the sprinking machine can be opened or closed due to the manual operation after checking the fire by installing an additional electric valve at the second side of the system for the flow testing of flowing water.

(2) On October 25, 2007, the Defendant received an inspection of fire-fighting systems from the competent fire station in the first half of the year, and corrected all matters pointed out in the second half of the same year by inspecting the operation and function of fire-fighting systems. On October 25, 2007, the Defendant conducted the fire-fighting training twice a year, including conducting the fire-fighting and joint training.

(3) At the time of the instant fire, indoor fire hydrants and other fire-fighting systems except the sprinklerr were operated normally.

(4) The Defendant received notice of passing the fire prevention test institute affiliated with the Korean Fire Insurance Association and the fire fighting performance test result received from the Korea Fire Equipment Inspection Corporation prior to the performance of the “RaM”.

E. The fire extinguishing history of the instant case

(1) 국립오페라극단의 공연 스텝이 위 벽난로 상부로 화염이 올라온 것을 본 직후 소화기를 분사하였으나 불이 순식간에 무대 커튼으로 옮겨 붙으면서 화염길이가 길어져 무대 상부로 화재가 확산되면서 초기 진화에 실패하였다.

(2) At around 19:40, the fire reduction devices operated, the employees of the Defendant’s disaster prevention room were required to have approximately 3 minutes of the operation of the electric valve opening location installed in the disaster prevention room after checking the fire scene and the fire.

(3) Upon receipt of a fire report to the competent fire station at around 19:4, the fire officers sent to the competent fire station at around 20:05 and completed the 20:08 extinguishing.

(f) Results of the instant fire survey conducted by the Seoul Fire and Disaster Headquarters Fire and Disaster Headquarters and Seocho Fire and Disaster Headquarters;

(1) The fire in this case is presumed to have been spreaded to the whole stage by a stage, when the paper placed between the above wall gate and the wall of a stage product is burned from the plaintiff and burning the above wall 1) a day by a brick effect. The fire in this case is presumed to have been spreaded to the whole stage.

(2) The lighting facilities and electric wires installed on the above bricks did not find any scamtains, etc. generated by electrical factors, and there seems to be no possibility of spreading by fire and mechanical factors.

(3) As a result of the flame retardation performance test on the stage elements, such as the wall gate, etc. after the instant fire, the Seocho Police Station rendered a decision that the fire was rejected.

(4) A stage is similar to a space open to approximately 45 meters in height, and can be a Combustible-type fire in the event of a fire. Although a sprinkler was installed, in order to prevent damage caused by the malfunction operation, about 3 minutes have been delayed in the method of installing a manual valve and operating it with a manual, and at the height of 29 meters, a sprinkler was installed, and the effect of extinguishing is less than strings even if it was operated by a sprinkler, and the manual quantity of a sprinkler was supplied with an early amount corresponding to the extinguishment of the fire, but the effect of extinguishing the fire was reduced at the late time while the operation of the sprinkler was extended.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 7, Eul evidence Nos. 1 through 35 (including evidence with a serial number), non-party 2's testimony, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The parties' assertion

(1) The plaintiff's assertion

(A) As to the occurrence of the instant fire, the Defendant is liable to compensate the Plaintiff for the damages incurred due to the impossibility of the performance of the instant rental contract, as follows.

① The Defendant, despite having been able to automatically operate the sprink installed in the sprink, was prevented from immediately operating the sprink by installing the sprink in order to prevent water loss caused by the sprink operation, and installed the sprink in order to ensure that the sprinks are very low in the sprinking effect by installing the sprinks even if the sprinks and the sprinks are not installed, thereby expanding the sprinks so that the fire of this case can not be sprinked.

② 피고는, 국립오페라단이 무대에서 화기를 사용하는 데에 주의를 주고 이를 제지하여야 할 의무가 있음에도 불구하고 이를 게을리하였고, 담당 직원들로 하여금 ‘라보엠’ 공연이 진행되는 동안 계속하여 무대와 근접한 거리에서 공연 상황을 살피고 이 사건 화재가 발생하자마자 즉각 진화하게 하였어야 함에도 불구하고 피고의 직원이 아닌 국립오페라단 공연 스텝이 소화기로 초기 진화를 하는 등 초기 진화작업에 동참하지 아니하였다.

③ The Defendant neglected to conduct an inspection and management of the stage products brought into the pyractic area to meet safety standards, such as flame retardation performance, although it is necessary to examine and manage such products.

④ Even if there was no cause directly attributable to the Defendant for the instant fire, the instant fire occurred due to the negligence of the National Pest, and the National Pesta shall be deemed as the Defendant’s performance assistant as the lessee who concluded the rental contract with the Defendant.

(B) The amount of damages incurred by the Plaintiff due to the impossibility of performing the instant rental agreement reaches 826,80,802,345 won in total as well as 898,263,845 won in total as expenses incurred in relation to the advertisement, promotional material production, sales of admission tickets, interference of performers, lease of equipment, etc. (=826,802,345 won + 71,461,50 won in total).

(2) The defendant's assertion

The Defendant did not have any cause attributable to the Plaintiff as to the occurrence of the instant fire, and the Defendant fulfilled its duty of care necessary for the prevention and extinguishment of the instant fire as the manager of the Barale, and thus, cannot respond to the Plaintiff’s claim on the premise that the instant rental contract was impossible due to the Defendant’s fault. Even if the Defendant was negligent, the amount of damages that the Defendant is liable to pay to the Plaintiff is limited to matters related to the exchange of admission tickets and refund of refund pursuant to Article 19(3) of the Rental Regulations. However, since the Plaintiff did not sell or have sold admission tickets before the instant fire

B. Determination

(1) As to the assertion of negligence in the establishment and management of a sprinkler

① 당초 오페라극장에는 소방시설설치유지및안전관리에관한법률 등 관계 법규에서 정한 기준에 부합하게 개방형 스프링클러가 설치된 것으로 보이는 점, ② 오페라극장과 같은 공연장의 경우 극적인 효과를 얻기 위하여 연기나 화염을 발생시킴으로써 화재감지기가 작동하여 개방형 스프링클러가 작동할 수 있는 많은 환경적 조건들을 가지고 있을 뿐 아니라 거대한 공연장 내 공기의 대류에 의해 발화점과 다른 곳에서 화재가 감지되어 오방수의 가능성이 높고, 반대의 경우에는 화재를 육안으로 감지할 수 있음에도 연기가 희석되어 화재감지기가 작동을 하지 않을 가능성도 있기 때문에 전동밸브를 설치하여 스프링클러를 수동으로 작동하여야 할 필요성이 있어 피고는 관할 소방서에 오페라극장 내 스프링클러 수동 작동 문제를 문의하여 승인을 얻은 후 전동밸브를 설치하였던 점, ③ 화재감지기가 작동된 19:40경 이전에 이미 국립오페라단 공연 스텝이 이 사건 화재발생을 인식하고 소화기로 진화하려 하였으나 화염이 길어지면서 순식간에 무대 상부로 확대되었고, 앞서 본 이 사건 화재조사결과에 따르면, 이 사건 화재가 위와 같이 확대된 상황에서는 화재감지기가 작동하여 스프링클러가 자동 작동되었다고 하더라도 진화 효과는 미미하였을 것으로 보이는 점, ④ 그리드는 공연장의 상부에서 조명 등을 운용하고 점검하기 위해 설치된 그물 모양의 발판으로 공연장 건물의 일부분으로서 오페라극장 준공 당시부터 설치되어 있었고, 오페라극장의 운용·관리에 필수적인 시설로 보이는 점, ⑤ 원고의 주장대로 스프링클러가 자동으로 작동되었다고 하더라도 무대 하부에 설치된 기계의 수리와 교환 등 그로 인한 수손 피해로 인하여 이 사건 공연은 불가능하였던 것으로 보이는 점 등에 비추어 보면, 피고로서는 오페라극장 내 스프링클러 설치·관리에 관하여 요구되는 주의의무를 다하였다고 할 것이므로, 원고의 위 주장은 이유 없다.

(2) On the assertion of violation of the duty of safety management during the performance

을 제18, 26, 36호증의 기재에 의하면, 2007. 11. 23. 피고 관계자들과 국립오페라단 관계자들이 참석한 가운데 스태프회의가 열렸는데, 그 당시 피고 관계자들은 국립오페라단 관계자에게 성냥이나 촛불 등 화기 사용에 관하여 주의를 주었고, 국립오페라단 관계자들은 ○○○ 역을 맡은 소외 1이 종이 원고에 불을 붙이는 장면에서 성냥을 켜는 문제에 관하여 피고 관계자들에게 아무런 언급도 하지 않아 피고가 이를 승인한 사실이 없고 위 장면에서 성냥을 켜는 시늉만 하기로 한 사실을 인정할 수 있으며, 한편 앞서 본 바와 같이 이 사건 화재 당시 화재감지기가 작동된 19:40경 이전에 이미 국립오페라단 공연 스텝이 이 사건 화재발생을 인식하고 소화기로 진화하려 하였으나 화염이 길어지면서 순식간에 무대 상부로 확대되는 상황이었고, 증인 소외 2의 증언에 변론 전체의 취지를 종합하면, 그 무렵 피고의 직원들도 동참하여 진화작업에 나선 사실을 인정할 수 있으므로, 피고의 직원이 최초로 진화작업을 시작하지 않았다는 사정만으로, 피고가 공연 중 안전관리의무를 소홀히 하였다고 볼 수 없고, 위 인정사실에 의하면, 피고는 공연 중 요구되는 안전관리의무를 다하였다고 할 것이므로, 원고의 위 주장은 이유 없다.

(3) As to the assertion of violation of safety standards such as flame retardation performance inspection and management duty

The defendant has a duty to examine whether the stage articles brought into Korea as a manager of the pyracium meet safety standards, such as flame retardation performance, but it cannot be expected that the defendant has a flame retardation performance test facility, and if the defendant obtained a certificate of flame retardation from an authorized performance organization and confirmed it, he/she fulfilled the above duty of care. As seen above, the defendant obtained a certificate of flame retardation inspection from the National Maracium before performing the "MaraM" and confirmed it. Thus, the defendant fulfilled the above duty of care. Thus, the plaintiff's above assertion is without merit.

(4) As to the Defendant’s assertion that the National Pest is a performance assistant

Since the fact that the National Lao concluded a rental contract with the defendant cannot be deemed as an assistant in performing the preservation and management of the Orava, the plaintiff's above assertion is without merit without further examining the remainder of the issue.

(5) Sub-committee

In full view of the occurrence and extinguishment of the instant fire, the circumstances leading up to the instant fire, the installation and management status of the Defendant’s lava fire-fighting system before and after the instant fire occurred, and other circumstances revealed in the pleadings, the Defendant appears to have fulfilled the duty of care required for the prevention and extinguishment of the instant fire as the manager of the lavara, and there is no other evidence to deem that there was a cause attributable to the instant fire.

3. Conclusion

Therefore, the Plaintiff’s claim based on the premise that the occurrence of the instant fire was attributable to the Defendant is without merit, without further examining the remainder of the claim.

Judge Hong-tae (Presiding Judge) For the establishment of the last sentence

Note 1) When the temperature inside a building is higher than that outside and density is lower than that outside, air inside a building is to move with power and its effect (stack effect).