1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. At around 02:00 on November 12, 2013, when the Defendant leased and possessed the building C’s ground (hereinafter “instant building”) from the owner B at the same Sea, the Defendant’s cutting-out of electric wires connected from the kitchen of the instant building, which occurred, and the fire occurred due to being stuck to the strings in the surrounding areas.

B. The Plaintiff paid KRW 11,901,386 as insurance proceeds on May 13, 2015 according to an insurance contract (from January 1, 2013 to January 1, 2014, insurance period of KRW 812,50,000) entered into with the Korea Local Finance Association for the damaged building (the insured Korea Local Finance Association, and insurance period of KRW 81,901,386).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. Determination

(a) Defect in the installation or preservation of a structure as referred to in Article 758(1) of the Civil Act means that a structure fails to meet the safety requirements which it shall normally have in accordance with 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.

(See Supreme Court Decision 2013Da61602 Decided February 12, 2015) In addition, “a structure possessor” under Article 758(1) of the Civil Act refers to a person who has the authority and responsibility to repair and manage structures in order to effectively control a structure and prevent various accidents that may arise from defects in the installation or preservation of the structure.

(See Supreme Court Decision 200Da386 delivered on April 21, 2000). According to the above basic facts, the fire, among the buildings in this case, was cut off by a string of the time frame of electric wires connected from the kitchen to the kitchen.