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(영문) 서울고등법원 2019.07.05 2018나2030748
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition as follows. Thus, this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In Part 9, the following shall be added to the decision of the first instance:

【7) The Plaintiff asserts that the Defendant’s factory was constructed using a sand position panel with a high possibility of rapid expansion of burning in the event of a fire, and that the waste disposal site, which is the fire of this case, is not installed as an unauthorized illegal building, and that the Defendant did not perform any duty to take measures against the fire, despite the fact that the Defendant has a much higher level of protective measures than the ordinary level, even though it did not perform any duty to take measures.

However, in light of the fact that there is no evidence to deem that the instant fire occurred in the part constructed in the sandbrid board among the Defendant’s factories, and that it is difficult to readily conclude that it was vulnerable to a fire solely on the ground that it was an unauthorized building, etc., the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant requires the duty to take protective measures to the extent exceeding the general level, or that the Defendant’s failure to perform such duty, caused the

A person shall be appointed.

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit.

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