1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and the appeal shall be 1.

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive property insurance contract with C, and the Defendant is an insurer who has concluded a plastic recycling liability insurance contract with K operating plastic factories (hereinafter “instant factory”) under the trade name of “J” under the lease of land and buildings (F, G, H, I among G, H, I, and I) with the land and buildings (hereinafter “J”).

B. On December 19, 2015, around 14:13, a fire occurred between the instant factory G Dong and H Dong (hereinafter “instant fire”), and due to this, the Plaintiff’s relay equipment was destroyed.

(c)

As a result of the damage assessment against C, the amount of damages was determined as KRW 16,250,213, and the Plaintiff paid KRW 15,250,213 as insurance proceeds to C on February 15, 2016, according to the instant fire.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination

A. 1) An accident caused by a defect in the installation or maintenance of a structure does not mean only a defect in the installation or maintenance of the structure, but also a defect in the installation or maintenance of the structure, insofar as a defect in the installation or maintenance of the structure becomes one of the common causes of the accident, the damage caused by the accident shall be deemed to have occurred due to a defect in the installation or maintenance of the structure (see Supreme Court Decision 2009Da101343, Apr. 29, 2010, etc.). In addition, even if a fire was caused by a cause other than a defect in the installation or maintenance of the structure, or if a fire was caused due to a defect in the installation or maintenance of the structure, if the cause of the fire was not revealed, the defect in the installation or maintenance of the structure becomes one of the common causes of the fire accident.

We can see (Supreme Court Decision 2013Da61602 Decided February 12, 2015). In this case, the defect in the installation and preservation of a structure is a structure.