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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In fact, Defendant B is an individual entrepreneur operating “E” located in Youngdong-gu, Busan Metropolitan City, and Defendant C is an insurer who entered into an insurance contract with Defendant B, and the Plaintiff is an insurer who entered into an insurance contract with F, which owns a building adjacent to the building of E.
On March 6, 2016, around 23:23:23, the accident of this case was presumed to have occurred between E and F’s respective factory buildings, and the accident of this case presumed to have occurred between E and E’s use as a simple warehouse and the non-combustibility fire to have been expanded into F’s building.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 7, 8, and Eul 1, the purport of the whole pleadings
2. Assertion and determination
A. Although the Plaintiff’s alleged E’s building was put into an assembly-type panel vulnerable to fire, and the inside of the building was loaded with many objects that can serve as a fire source and fire extinguishing source, Defendant B was only equipped with a fire extinguisher without being equipped with facilities to prevent the spread of fire or burning, such as a fire monitoring system, a sprinkler, or a fire extinguishing wall, and caused a delay in the report and extinguishment of fire by failing to place a manager. This constitutes a defect in the installation and preservation of a structure, and thus, the Defendant B and the insurer are jointly and severally liable to pay to the Plaintiff the amount equivalent to the insurance proceeds acquired by subrogation by the insurer by paying the insurance proceeds to F due to the instant accident.
B. The defect in the installation and preservation of a structure under Article 758(1) of the Civil Act refers to a state in which a structure does not have safety ordinarily required depending on its intended purpose. In determining whether such safety is satisfied, the determination shall be based on whether the installer and custodian of the structure has fulfilled the duty to take protective measures to the extent generally required in proportion to the risk of the structure.