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(영문) 서울고등법원 2017.04.14 2016나2052485
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant's KRW 80,788,152 against the plaintiff A and its related costs on May 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff is a person who operates a restaurant in the name of “G” in the Jongno-gu Seoul Metropolitan Government F Ground Building, and the Plaintiff B is a person who operates a restaurant in the name of “I” in the Jongno-gu Seoul H Ground Building. 2) The Defendant is a co-Defendant D of the first instance trial, which is located adjacent to the above restaurant of the Plaintiffs, and a person who operates a restaurant in the name of “K” (hereinafter referred to as the “instant restaurant”). The Defendant is a person who operates a restaurant in the name of “K” (hereinafter referred to as the “instant restaurant”).

B. B. Before the fire accident, the surrounding area of the instant restaurant is the so-called “N” located after M in Seoul L, where stores are concentrated with the alleys. The most of the stores was set up as a cement building the 2nd floor of the cement building, with the roof installed by the sandd position panel or slate, and the roof of the store was connected with each other in order to prevent rainwater from melting on the roof. The instant building was also owned by Co-Defendant D of the first instance trial, the owner D, and E without permission, set up the roof of the instant restaurant with the sandd position panel and the asbestos slate, and extended the instant 2nd floor to cover the ceiling. 2nd floor of the instant restaurant, the instant building was installed at the main door of the instant restaurant, with the height of approximately 85 cm due to which the upper end of the building was installed, and was connected with the outer roof of the instant 2nd floor, and was connected with the air string of the instant building.

The Bad and the exhaust duct were both debris and the Bad and the Bad and the inside of the Bad were attached with the string oil which was not cleaned for a long time, and the degree of the Bad and the inside of the Bad were more serious.

3O, an employee of the defendant, whose main restaurant is a restaurant, is 18 liters contained in the flat metal container.

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