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The defendant's KRW 4,002,574 to the plaintiff as well as 5% per annum from September 30, 2018 to October 21, 2020.
Reasons
1. On September 2018, the Plaintiff operated a stringr (hereinafter referred to as “D”) with the mutual stringr (hereinafter referred to as “E”) of “D” on the 1st floor of the convenience population C building (hereinafter referred to as “C building”), and the Defendant operated the stringr of “E” on the 1st floor of the C building, and used the 1st underground floor of the C building as the clothing warehouse (hereinafter referred to as “instant underground warehouse”).
On September 30, 2018, around 18:00, the instant underground warehouse added fire to the surrounding areas, such as the marth light of the ceiling, etc., and the fire (hereinafter “the instant fire”) caused the combustible materials to be removed from the floor and moved to the loaded goods, such as clothes, etc., and due to this, the instant underground warehouse was relocated, and the smoke of the instant fire and the said fire entered the instant store.
D. On October 2018, the fire of this case was presumed to have been caused by the fire of this case, which was overheated due to the aging, etc., and the fire of this case’s fire of this case’s underground warehouse, and the fire of this case’s fire of this case’s fire of this case’s fire of this case’s ground.
[Ground of recognition] Facts without dispute, Gap 1 through 5, 11 evidence, purport of the whole pleadings
2. The term “defect in the construction and preservation of a structure” in Article 758(1) of the Civil Act and Article 758(1) of the Restriction of Liability for Damages means that the structure is in a state of failing to meet the safety requirements ordinarily required
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, e.g., Supreme Court Decision 2009Da101343, Apr. 29, 2010). The primary responsibility is for the possessor who actually occupies and manages a structure in detail while controlling the damage incurred by defects in the installation or preservation of the structure, and the said possessor is necessary to prevent the damage.