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Back桃園地院判決許男及中法興物流連帶賠償8億7078萬餘元
桃園地院判決許男及中法興物流連帶賠償8億7078萬餘元
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自由时报2 hours agoLaw2 min readChinaView translation

桃園地院判決許男及中法興物流連帶賠償8億7078萬餘元

Quick Look

2022年3月家樂福楊梅物流中心火災,由許姓拆櫃臨時工於禁菸區抽菸後亂丟未熄滅菸蒂引起,造成逾39億元損失。富邦產險賠付後依保險法代位求償,桃園地院判決許男及其中法興物流公司連帶賠償8億7078萬3155元,認定許男有公共危險罪責,中法興未盡安全管理責任。

AI-generated summary

Why It Matters

2022年3月家樂福楊梅物流中心發生重大火災,起因為許姓拆櫃臨時工於禁菸之棧板暫存區抽菸後隨手拋棄未熄滅菸蒂所致,造成逾39億元龐大損失。富邦產險在賠付家福公司後,依保險法行使代位求償。

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2022年3月家樂福楊梅物流中心發生重大火災,起因為現年23歲的許姓拆櫃臨時工於禁菸之棧板暫存區抽菸後隨手拋棄未熄滅菸蒂所致,造成逾39億元龐大損失。承保火災險的富邦產險在賠付家福公司後,依保險法行使代位求償,桃園地院近日判決許男及其監督單位中法興物流公司須連帶賠償8億7078萬餘元。

富邦產險主張,家福公司(現更名為康達盛通)與中法興公司簽有物流服務協議,委託其負責楊梅物流中心收驗貨、理貨、倉儲及物流配送等服務,就服務協議書約定,中法興公司也應負擔倉庫內部安全管理責任,包括防止因吸菸亂丟菸蒂致生火災的預防,尤其2021年8月16日楊梅物流中心曾發生小型火災,中法興公司允諾改善,本應特別注意存放區的禁菸管理並加強巡視及管制,卻放任許男違規吸菸且任意亂丟菸蒂,扣除家福公司已向中法興公司請求所獲賠償,另依保險法向許男及中法興公司代位求償8億7078萬3155元。

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訴訟過程,中法興公司提出多項抗辯,包括其已依物流服務協議書投保1.25億元保險,家福公司及其保險公司依法承諾放棄追索權。在契約責任上,中法興公司強調,依協議書英文本規定,其僅需防範盜竊與掠奪,本案火災並非盜匪所致,且拆櫃業務係外包給第三方,起火點也非其服務範圍,許男是由包商僱用、派遣,在禁菸區抽菸純屬個人違法行為,加上家福公司已申報共同消防計畫,應承擔部分場域消防安全責任。

此外,中法興也辯稱,富邦產險代位請求的清理費、貨損及營業中斷等5大項目,與家福公司另案訴訟的請求範圍完全重疊。

許男則稱,「金額太高我付不起」,火災不是因為他而引起,他在那邊抽菸有責任,但火災不是他引起的,應該沒有責任。

判決指出,許男因此案被依公共危險罪判刑6月,確實有亂丟未熄滅菸蒂釀災的行為,其所辯不足採,而許男也證稱,是受到任職中法興公司張姓員工指示從事拆櫃工作,另依家福公司與中法興公司服務協議書約定,足認家福公司已委由中法興公司負責處理楊梅物流中心包含儲存貨物、理貨、配送、存貨管理在內的物流工作,中法興公司負有確保楊梅物流中心內部安全的責任。

另,中法興雖辯稱拆櫃工作是委由包商承攬,但張男前往執行業務,是受到中法興員工指揮及監督,足認許男是中法興公司的受僱人,中法興自應負連帶賠償責任,其餘之辯亦不足採。

What to Watch

AI outlook — possibilities, not facts

  • 中法興物流公司可能對判決提出上訴

    Likely · Within weeks

  • 許男可能透過法律援助尋求減緩賠償壓力

    Possible · Within months

Open Questions

  • 許男是否有能力支付賠償金
  • 中法興物流公司是否會上訴
  • 家福公司是否將調整與物流承攬商的合作模式

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This article was originally published by 自由时报.

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