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1. The Defendant’s KRW 527,128,631 as well as the Plaintiff’s annual rate of 5% from February 23, 2017 to December 5, 2018.
Reasons
1. Basic facts
A. The defendant is the owner of the steel-frame panel roof 969.73m2 (hereinafter referred to as the "factory of this case") located in Gyeongbuk-gun, Seongbuk-gun, and is engaged in textile processing (ing to manufacturing smoke) with the trade name D in the above factory. The plaintiff is a company that operates the 1st floor A, 1251.07m2, B, 201.76m2, and C, 304.7m2 on the ground of the steel-frame panel roof adjacent to the factory of this case, and manufactures plastic products.
B. A fire (hereinafter “instant fire”) occurred around 06:08 on February 23, 2017 at the instant factory where a fire occurred, and the Plaintiff’s factory abutting on the said factory was destroyed by the fire between the three parts of the Plaintiff’s factory building and the machinery and corporeal movables inside the building.
C. The Plaintiff entered into a fire insurance contract with E Co., Ltd. (hereinafter “E”) for the Plaintiff’s factory building, machinery, and corporeal movables, etc., and received KRW 1,012,182,112 as insurance money for the instant fire.
[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1, 2 through 6 (including branch numbers, hereinafter the same shall apply), the result of the commission of appraisal to appraiser F, the purport of the whole pleadings
2. Determination
A. 1) Relevant legal doctrine refers to a structure’s defect in the installation and preservation of a structure under Article 758(1) of the Civil Act that has no ordinary safety for the structure to be installed according to its intended use. The safety to be installed is not only safety for the structure itself, but also safety required under the circumstances where the structure is actually installed and used (see, e.g., Supreme Court Decisions 92Da21050, Oct. 27, 1992; 2017Da227103, Aug. 29, 2017). The establishment or preservation of the structure is generally accepted by social norms in proportion to the risk of the structure.