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1. The following amount among the parts against the defendant (appointed party) in the judgment of the court of first instance shall be the amount ordered to be paid.
Reasons
1. The reasoning for the court’s explanation on this part is that the reasoning for the judgment of the court of first instance is the same as the corresponding part of the reasoning for the judgment, except that the date of death of L from March 26, 2012 to March 2, 2012, “the date of death of the parties” under the main sentence of Article 420 of the Civil Procedure Act is deemed as “ around March 26, 2012.”
2. Occurrence of liability for damages;
(a) Defect in the installation or preservation of a structure as referred to in Article 758(1) of the Civil Act means that the structure is in a state of failing to meet the safety requirements ordinarily required for its use;
Such safety should be determined on the basis of whether the installer or the keeper of the structure has fulfilled the duty of prevention of danger to the extent generally required by social norms in proportion to the risk of the structure.
On the other hand, an accident caused by a defect in the installation or preservation of a structure shall not only be caused by a defect in the installation or preservation of a structure, but also include cases where a defect in the installation or preservation of a structure causes a common cause of the accident, and the damage therefrom shall also be deemed to have occurred due to a defect in the installation or preservation of a structure.
(2) Article 758(1) of the Civil Act applies to cases where a fire caused by a cause other than a defect in the installation or preservation of a structure, or where the cause of a fire, even if the cause of the fire was not revealed, has occurred, and where there was a proximate causal link between the defect in the installation or preservation of a structure and the loss, if a fire was caused due to a defect in the installation or preservation of the structure, and the cause of the fire was not revealed, then there was a defect in the installation or preservation of the structure (see, e.g., Supreme Court Decisions 2012Da48916, Feb. 26, 2015; 2010Da71318, Mar. 28, 2013).
Judgment
1. Examining the following circumstances recognized by the above facts of recognition in light of the above legal principles.