1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

1. The reasoning for this part of the judgment of the court is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The parties' assertion

A. Defendant B did not take protective measures for fire prevention ordinarily required as the possessor of the first floor of the instant building and the machinery installed inside the building, and the occurrence of the instant fire was expanded due to Defendant B’s negligence. As such, Defendant B should bear the responsibility for the Plaintiff’s damages related to the second floor of the instant building as a result of the nonperformance of a lease agreement, tort liability under Article 750 of the Civil Act, tort liability under Article 758(1) of the Civil Act, and liability as the possessor of the structure under Article 758(1) of

B. It is difficult to view that Defendant B violated the duty of care under the instant lease agreement or violated the duty of care to pay for fire prevention, such as the failure to reveal the cause of the instant fire by the Defendants’ assertion, and it is also difficult to view that there was a defect in the installation and preservation of structures, such as a flag.

3. Determination

A. An accident caused by a defect in the installation or preservation of a structure that may cause damage does not mean only a defect in the installation or preservation of a structure, but also a loss caused by an accident, if the defect in the installation or preservation of a structure becomes one of the common causes of the accident, shall be deemed to have occurred due to a defect in the installation or preservation of a structure.

In addition, even if a fire has occurred due to a cause other than the defect in the installation or preservation of a structure, or where the cause of a fire has not been revealed, if the fire occurred due to the spread of the defect in the installation or preservation of a structure, the defect in the installation or preservation of a structure can be deemed as one of the joint causes of a fire

Supreme Court Decision 2013Da61602 Decided February 12, 2015