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1. The Defendant’s KRW 11,424,60 for the Plaintiff and KRW 5% per annum from January 12, 2016 to May 26, 2017.
Reasons
1. Basic facts
A. The Defendant owned the 3rd floor building of reinforced concrete structure C in Yangcheon-gu Seoul Metropolitan Government (hereinafter “Defendant building,” hereinafter “D”) and owned the 2nd floor building of brick slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slives
B. On December 27, 2014, around 05:05:04, a fire due to the fire of a person without a name, in front of the road located in Yangcheon-gu Seoul Metropolitan Government F, was destroyed by the Defendant’s building and warehouse, and the Defendant’s building was destroyed by a fire to the Defendant’s building and warehouse, and a part of the outer wall of the adjacent Plaintiff’s building (attached Form No. 1) and its windows shower, etc., as shown in
(hereinafter referred to as “instant fire”). [Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 5, 9, 10, Eul evidence Nos. 1 and 2 (including paper numbers), and the purport of the whole pleadings.
2. Determination:
(a) The occurrence of liability for damages (1) The defect in the installation or preservation of a structure as referred to in Article 758(1) of the Civil Act means that the structure is in a state of failing to meet the 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, accidents caused by defects in the installation or preservation of a structure refer only to cases where only the defects in the installation or preservation of a structure cause damages, and as long as the defects in the installation or preservation of a structure are one of the joint causes of accidents, damages caused by accidents shall be deemed to have occurred due to defects in the installation or preservation of a structure.