(영문) 인천지방법원 2018.08.29 2017나12653

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(영문) 인천지방법원 2018.08.29 2017나12653

손해배상(기)

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1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. Occurrence of liability for damages;

A. On August 12, 2017, from a farm owned by the Defendant (hereinafter “instant farm”), a fire due to electricity leakage (hereinafter “instant fire”) occurred, and the fact that the fire occurred to an adjacent Plaintiff’s farm immediately adjacent to the Plaintiff is not disputed between the parties, or the fact that the damage from the fire occurred to the Plaintiff’s farm is sufficiently recognized by taking account of the results of appraiser C’s appraisal and the overall purport of the pleadings, as a result of the examination by this court.

B. According to the above facts, the Defendant, as the owner of the farm of this case, must manage the electric facilities well to prevent the occurrence of a fire, and discover the risk factors of a fire in advance and take necessary measures through the inspection of the electric facilities, and neglected this duty of care to prevent the occurrence of a fire, and thereby, the fire of this case occurred to the Plaintiff, who is the owner of the adjacent farm, who was immediately the owner of the farm, thereby causing damages to the Plaintiff. Accordingly, the Defendant is liable to compensate the Plaintiff for the damages.

2. Scope of liability for damages

A. In full view of the results of the examination by this court and the purport of the appraisal by appraiser C, the Plaintiff’s goods damaged by the fire of this case and their repair costs are as follows.

Articles 1,50,00-2,600-2,600,000-2 working rooms 1,400,000-1,500-1,500,000-3 lodging containers 1,000-1,000-1,100-1,000-350,000-4 electric wires 300,000-350,000

P. E. drum 45,000 won

B. According to the above facts, the defendant is not entitled to repair costs exceeding the above amount of KRW 5,245,00 (the amount ordered by the first instance court) and KRW 1,400,000 among them (the amount ordered to be paid by the first instance court) with respect to the plaintiff's damages of KRW 5,50,000 (the low temperature storage amount) (the amount of KRW 1,400,000 (container)) (the amount of KRW 300,000 (the container), and the amount of KRW 1,00,000).

유사 판례

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-서울중앙지방법원 2017.03.23 2015가단5089560

-서울중앙지방법원 2017.02.14 2016가단5038255