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(영문) 광주지방법원장흥지원 2017.05.31 2016가단395
손해배상(기)
Text

1. The Defendants jointly share KRW 11,680,00 to the Plaintiff and Defendant B with respect thereto from April 22, 2016, and Defendant C.

Reasons

1. The Plaintiff contracted Defendant B, who owned the Plaintiff, to install a picture shed in front of the stable with respect to the Plaintiff, 1, 1, 2, and 1, 2 (hereinafter referred to as “the instant stable,” and “the instant compost”) on the ground shed D, Jeonnam-gun, Jeonnam-gun (hereinafter referred to as “the Plaintiff”), and Defendant B employed Defendant C for the said contracted construction.

around 10:15 on October 3, 2015, Defendant C was engaged in a melting work to fix the pipe with a mountain beer for the installation of a boomer in front of the instant stable, and there was a fire, such as a fire, which is destroyed by a fire, such as the instant stable, the instant compost, and a electric train, a train train, or a dust, which was stored in the instant compost (hereinafter “the instant fire accident”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, evidence 7, Eul evidence 1 to 1 (including the provisional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. In light of the following circumstances acknowledged by the evidence revealed prior to the occurrence of the liability for damages, namely, Defendant C was negligent in taking all measures to prevent the occurrence of a fire in light of the fact that the duty of care was to prevent the occurrence of a fire, such as removing dangerous substances of a fire or covering a cover, and without taking such measures, Defendant C did not take all measures to prevent the occurrence of a fire, and thereby resulting in the instant fire accident, Defendant C is liable to compensate the Plaintiff as a direct tortfeasor who caused the instant fire accident.

In addition, according to the above basic facts, Defendant B, as the employer of Defendant C, is liable to compensate the Plaintiff for the damages caused by the instant fire accident.

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