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1. Of the part against the defendant in the judgment of the court of first instance, the payment order is ordered in excess of the following amount.
Reasons
1. The reasoning for the court’s explanation on this part of the premise without dispute is as follows: “K Co., Ltd. shall investigate the damage caused by the instant fire accident and assess the total amount of KRW 24,284,905, and KRW 11,082,373, and KRW 46,065,00, and KRW 81,432,278 in the first head of the 2nd sentence of the judgment of the first instance court (hereinafter referred to as “I”) on the ground of the first head of the 2nd sentence of the judgment of the first instance (hereinafter referred to as “the first head of the first instance court”) as follows: (a) the amount of damage caused by the instant fire accident is assessed as KRW 24,284,90, and KRW 11,0
2. Determination
A. 1) Determination as to the cause of a claim refers to a defect in the installation or preservation of a structure under Article 758(1) of the Civil Act that is ordinarily safe depending on its purpose. Determination as to whether the installer or the custodian of the structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure. An accident resulting from a defect in the installation or preservation of the structure is not the case where only the defect in the installation or preservation of the structure causes the occurrence of the damage. As long as the defect in the installation or preservation of the structure becomes one of the common causes, the damage resulting from the accident is deemed to have occurred due to the defect in the installation or preservation of the structure (see Supreme Court Decision 2009Da101343, Apr. 29, 2010). In cases where a fire occurred due to any cause other than the installation or preservation defect in the structure or where it is not revealed that the cause of a fire occurred, one of the causes for the installation or preservation of the structure can be deemed to have occurred.