1. The Defendant’s KRW 85,663,616 as well as 5% per annum from April 15, 2015 to December 8, 2015 to the Plaintiff.

1. Basic facts

A. On March 20, 2006, the Plaintiff concluded an insurance contract with respect to the purchase price of KRW 180,000,000 ( KRW 150,000,000, KRW 30,000,000, and KRW 30,000,000, and KRW 30,000,00,000, of the building in question) of the building in Seo-gu and Seo-gu, Daejeon (hereinafter “instant building, etc.”) and the insurance period from March 20, 2006 to March 20, 2041.

B. The Defendant operated a factory under the trade name “D” (hereinafter “Defendant factory”) from the side of the instant building. On January 16:24, 2015, a fire that occurred in the Defendant factory and the instant building, etc. were burned.

(hereinafter “the instant fire accident”). C.

On April 14, 2015, the Plaintiff paid insurance proceeds of KRW 85,663,616 to B.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Gap 5-1 to 5 evidence, the purport of the whole pleadings

2. Determination

(a) Defect in the installation or preservation of a structure as referred to in Article 758(1) of the Civil Act means that a structure fails to meet the safety requirements which it shall normally have in accordance with 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 refers to only a defect in the installation or preservation of a structure, which causes the occurrence of the damage, and as long as a defect in the installation or preservation of a structure becomes one of the joint causes of the accident, the damage caused by an accident shall be deemed to have occurred due to a defect in the installation or preservation of a structure.

In addition, a fire is caused by a defect in the installation or preservation of a structure, even if the cause of the fire has not been revealed, or if the cause of the fire has not been revealed.