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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
Facts of recognition
The court's explanation on this part is the same as the reasoning of the judgment of the court of first instance, and thus, citing this part as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Plaintiff’s assertion
The fire of this case occurred inside the massage treatment place operated by D on a leased and operated 6th floor building of this case. At the time, the said massage treatment place was not installed with a sprinkler, and there was a defect in the facilities such as electric power distribution lines, fire extinguishing equipment, fire doors, etc.
As a result, A suffered damage due to the occurrence and spread of the instant fire, D is liable for damages incurred by A pursuant to Article 758(1) of the Civil Act.
Since the plaintiff paid insurance money to A to 45,845,885 won and acquired by subrogation the right to claim damages against D, the defendant, who is the fire liability insurance company of D, is obligated to pay the above insurance money and damages for delay to the plaintiff.
Judgment
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 for its use. In determining whether such safety has been secured, it shall be determined on the basis of whether the installer and custodian of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.
(see, e.g., Supreme Court Decision 2008Da61615, Feb. 11, 2010). The burden of proving defects in the installation and preservation of such structure lies on the victim.
(see, e.g., Supreme Court Decision 82Meu348, Aug. 24, 1982). An accident resulting from a defect in the construction or preservation of a structure refers to only a defect in the construction or preservation of a structure, which causes the occurrence of the damage, and as long as the defect in the construction or preservation of a structure becomes one of the joint causes of the accident, the defect in the construction or preservation of a