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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. C leased from D to operate “F” at the same time among the 2nd floor buildings of the Seo-gu, Busan (hereinafter “instant building”). From November 21, 201, around November 22, 2011, the Defendant, an insurance company, and the Defendant, entered into an integrated insurance contract with “F” and the Defendant, on November 22, 201, for which the insurance period was from November 22, 201 to November 22, 2016; KRW 500,000,000,000,000,000,000,000,000,00
B. On January 17, 2012, a fire (hereinafter “instant fire”) occurred in the instant building on or around 01:17, and the Plaintiff Company A’s inventory assets located inside the instant building and located inside the Busan G ground building owned by the Plaintiff B and the said building were burned.
[Ground for recognition] Unsatisfy
2. The assertion and judgment
A. The plaintiffs asserted that C is the possessor of the building of this case, or if a fire occurred due to a third party's fire as alleged by the defendant, as an assistant to the fire, and therefore, the defendant is liable to compensate the plaintiffs for the damages caused by the fire of this case. Thus, the defendant asserts that C's insurer is liable to pay the plaintiff A the amount of KRW 619,252,568, and KRW 67,858,906, which is within the scope of the defendant's liability.
B. The defect in the installation and preservation of a structure under Article 758(1) of the Civil Act refers to a state in which a structure fails to meet normal safety requirements according to its use. In determining whether the structure is equipped with safety, it shall be based on whether the installer and custodian of the structure has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure. According to the following facts, the building in this case cannot be seen as having a defect in the installation and preservation of the structure, and therefore, Article 758(1) of the Civil Act is liable to C.