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All appeals are dismissed.
Costs of appeal shall be borne by each party.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the Defendants’ ground of appeal No. 1, the defect in the installation or preservation of a structure under Article 758(1) of the Civil Act refers to a structure in a state of failing to meet the safety requirements ordinarily required according to 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 does not refer only to a defect in the installation or preservation of a structure, but also to a case where the defect in the installation or preservation of a structure causes the occurrence of the damage. If the defect in the installation or preservation of a structure becomes one of the joint causes of the accident, the damage caused by the accident shall be deemed
(see, e.g., Supreme Court Decision 2009Da101343, Apr. 29, 2010). Moreover, even in cases where a fire occurred due to a cause other than a defect in the installation or preservation of a structure or where the cause of a fire is not revealed, if a fire was spread due to a defect in the installation or preservation of a structure, and a loss was incurred due to the spread of a fire, the defect in the installation or preservation of a structure can be deemed as one of
For the reasons indicated in its holding, the lower court determined that there was a defect in the installation or preservation of the instant building, such as that the outer wall, etc. of the instant building is not a fireproof structure, and that there was no facility installed for preventing the spread of fire, such as automatic fire extinguishing device, etc., on the instant building, and that the fire that occurred from the instant building caused the damage by burning
The above legal principles and legal principles.