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1. Of the judgment of the first instance court, KRW 5,410,491 against the Plaintiff and its related amount from March 29, 2017 to December 4, 2018.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into a “Ready Enterprise Comprehensive Insurance Contract” with respect to the building located in Gwangju City, Gwangju (hereinafter “Plaintiff’s building”) owned by Nonparty Company B as the insured with respect to the non-party company A (hereinafter “non-party company”).
B. From August 21, 2015, the Defendant leased a factory located in Gwangju-si and two lots (a building consisting of a production building, warehouse operation, office operation, etc.; hereinafter “Defendant factory”) from D to use it in producing and storing synthetic resin (commercial urban container).
C. On December 23, 2016, at around 01:39, the fire that occurred in the warehouse Dong among the Defendant’s factories destroyed part of the Plaintiff’s building. Accordingly, the Plaintiff paid KRW 9,017,486 to the Nonparty Company on March 28, 2017 in accordance with the said insurance contract.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 5, the purport of the whole pleadings and arguments
2. Determination:
A. The plaintiff's assertion 1) The plaintiff's fire of this case occurred due to the occurrence of static electricity or the introduction of fire into the country while the defendant's employees left the gas remaining in the factory. As such, the defendant is liable for damages under Article 756 of the Civil Act as an employer, or as the defendant's factory fails to meet the safety ordinarily required in light of its purpose, the defendant's factory is liable for damages under Article 758 of the Civil Act. 2) The defendant's cause of the fire of this case was not revealed, and there was no evidence about the defendant's intentional negligence.
In addition, it is not necessary to require high level of safety to maintain a perfect state without meaning that the defect in the installation and preservation to hold responsibility for a structure is not a matter of common safety.