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1. The Defendant’s KRW 59,470,420 as well as 5% per annum from September 22, 2019 to May 14, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. On May 24, 2019, a fire occurred in the vicinity of the Dotetetetete (hereinafter “instant factory”) that was accumulated outside the left-hand side of the site of the building in the Goyang-dong-gu C (hereinafter “the instant factory”) located in Goyang-si, Yongsan-gu, the Defendant owned and possessed.
(hereinafter “instant fire”). B.
The Plaintiff is a corporation that runs the construction industry machinery export and import business and wholesale and retail business in the building owned by the Plaintiff adjacent to the instant factory. The Plaintiff suffered losses caused by the fire in this case’s building, machinery, etc. owned by the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 3 through 11, Eul evidence Nos. 1, 3 through 6, and the purport of the whole pleadings
2. Determination
A. 1) An accident caused by a defect in the installation or preservation of a structure does not mean that only a defect in the installation or preservation of a structure causes damage, but inasmuch as a defect in the installation or preservation of a structure becomes one of the common causes of an accident, damage caused by an accident shall be deemed to have occurred due to a defect in the installation or preservation of a structure. In addition, even where a fire was caused by a cause other than a defect in the installation or preservation of a structure or where the cause of a fire is not revealed, if a fire was spread due to a defect in the installation or preservation of a structure, it shall be deemed that the defect in the installation or preservation of a structure was one of the common causes of a fire accident (see Supreme Court Decision 2013Da61602, Feb. 12, 2015). In light of the foregoing legal doctrine, in light of the following circumstances, the Defendant may comprehensively recognize the overall purport of arguments in each of the aforementioned evidence as a whole in order to prevent the spread of a fire in proportion to the risk of the installation or management of the factory in question.