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1. The Defendant’s KRW 32,377,006 as well as 5% per annum from April 15, 2014 to August 16, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On October 28, 2013, the Plaintiff concluded a factory fire insurance contract with Jincheon-gun C, D, and E-ground B (hereinafter “damage factory”) with respect to the entire building of the factory owned by Jincheon-gun, Jincheon-gun, D, and E (hereinafter “damage factory”), with the insurance coverage amounting to KRW 150,00,000, and the insurance coverage period from October 28, 2013 to October 16, 2014 (hereinafter “instant insurance contract”).
B. On April 2, 2007, the Defendant established a lease deposit of KRW 10,00,000 for lease deposit, monthly rent of KRW 1,350,00 for the instant factory from Nonparty H, the owner of the building of Jincheon-gun and G ground (hereinafter “instant factory”) located in the vicinity of the damaged factory (hereinafter “instant lease”). From that time, the Defendant operated a business that produces pipes to be used in depth in cremation and rap, etc. of the instant factory, i.e., the instant factory.
C. On January 21, 2014, on which the Defendant had occupied the instant factory while operating the said I, the fire occurred in the instant factory (hereinafter “instant fire”) and then the fire was relocated to the damaged factory, and the plastic raw materials, etc. owned by B, which were stored inside the damaged factory and the factory, were destroyed.
On April 14, 2014, according to the instant insurance contract, the Plaintiff paid KRW 46,252,866 to B with the insurance proceeds from the instant fire.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. The term “defect in the installation or preservation of a structure” as referred to in Article 758(1) of the Civil Act, which determines the cause of the claim, means that the structure is in a state of failing to meet the safety ordinarily required for its use;
The criteria for determining 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.