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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with A and B (hereinafter “Plaintiff”) and the Defendant is an insurer who entered into a fire insurance contract with C as to the “E” heading D operated by C in Gunsan-si (hereinafter “instant heading”).
B. From the instant head office to June 19, 2014, a fire occurred on or around 14:31, 2014 (hereinafter “the instant fire”). Accordingly, the Plaintiff’s vehicle parked in the vicinity of the said head office was destroyed.
C. By July 22, 2014, the Plaintiff paid KRW 3,204,100 insurance money to A as the repair cost of the Plaintiff’s vehicle.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, 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.
In addition, an accident caused by a defect in the installation or preservation of a structure refers to only a defect in the installation or preservation of a structure, which causes the occurrence of the damage, and as long as a defect in the installation or preservation of a structure becomes one of the joint causes of the accident, the 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 if a fire has occurred due to a cause other than the defect in the installation or preservation of a structure, or the cause of the fire has not been revealed, the fire has been spread due to the defect in the installation or preservation of a structure.