1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to AAWD car (hereinafter “instant vehicle”), and the Defendant is a person who operates the astronomical Medical Center from the building on the fourth floor above the fourth floor above the ground level located in 3760 [the instant building] located on the surface of the Gangwon-do Gangwon-gun, Gangwon-do, Seoul-do. (hereinafter “instant building”).

B. On November 21, 2015, around 03:30, a fire was destroyed on the second floor of the instant building due to an act of fire (hereinafter “instant fire”) and the outer corridor was destroyed and parked on the street below the second floor.

(hereinafter referred to as “instant accident”). C.

On December 18, 2015, the Plaintiff paid KRW 1.7 million at the repair cost of the instant vehicle.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. Since there was a defect in installation and preservation without being equipped with safety ordinarily in the building of this case alleged by the Plaintiff, and such defect caused the accident of this case, the Defendant, as the possessor and owner of the building of this case, is liable to pay 170 million won and damages for delay to the Plaintiff, who acquired the right to indemnity by bearing the repair cost of the vehicle of this case.

B. Determination 1) The defect in the establishment and preservation of a structure under Article 758(1) of the Civil Act refers to a state in which a structure does not have safety ordinarily according to its purpose of use. In determining whether such safety has been met, the standard is whether the installer and manager of the structure in question has fulfilled the duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure. The burden of proof as to the existence of such defect lies on the victim (see Supreme Court Decisions 86Meu775, Nov. 8, 198; 97Da2702, Oct. 10, 197).