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1. The Defendant’s KRW 9,891,00 for the Plaintiff and 5% per annum from October 15, 2015 to July 21, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who operates a farmer for the purpose of selling trees and pots in Yangsan-si, Chungcheongnam-si, and the Defendant also operates a farmer for the purpose of selling trees and pots, which is linked to the south side of the said farmer.
B. On September 15, 2015, when a fire (hereinafter “instant fire”) occurred from the Defendant’s plastic houses (hereinafter “the instant plastic houses”) for residence located in the said farm site, the Defendant was on the part of the said greenhouse and the internal house.
C. The Plaintiff’s above clocked to the above clock, and the Plaintiff’s 16 share of the Plaintiff’s clocked in a relatively close place from the said clock.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 (including a branch number in the case of additional number), the fact inquiry result of this court's fact inquiry into the chief of Yangsan-do fire station, the result of appraiser E's appraisal, the purport of the whole pleadings
2. Determination
(a) Defect in the installation or preservation of a structure as referred to in Article 758(1) of the Civil Act, which incurs a liability for damages, means that the structure is in a state of failing to meet safety requirements ordinarily required for its use;
Such safety should be determined on the basis of whether the installer or the keeper of the structure has fulfilled his duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.
In addition, an accident caused by a defect in the installation or preservation of a structure refers to only a defect in the installation or preservation of a structure, which causes the occurrence of the damage, and as long as a defect in the installation or preservation of a structure becomes one of the joint causes of the accident, the damage caused by an accident shall be deemed to have occurred due to a defect in the installation or preservation of a structure.
In addition, there is no other cause or cause of fire that is not a defect in the installation or preservation of a structure.