A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to CP car (hereinafter “Plaintiff vehicle”).

The Defendant is a person who has sold used cars parts under the trade name of Dongdaemun-gu Seoul Metropolitan Government Ground Building D (hereinafter “instant Building”).

B. On June 16, 2016, at around 20:10, a fire (hereinafter “instant fire”) occurred on the side of the instant building, and damaged the Plaintiff’s vehicle parked in the front parking lot of the neighboring F apartment G Gdong by causing the fire to spread.

C. By August 12, 2016, the Plaintiff paid insurance proceeds of KRW 2,844,150 in total with the repair cost, etc. of the Plaintiff’s vehicle caused by the instant fire.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 9 and the purport of the whole pleadings

2. The parties' assertion

A. Inasmuch as the Plaintiff’s assertion was damaged by the instant fire that occurred in the instant building, the Defendant, as the possessor of the instant building, is liable to compensate the Plaintiff for the damages caused by the instant fire pursuant to Article 758 of the Civil Act, and the Plaintiff, who acquired the right of subrogation for damages pursuant to Article 682 of the Commercial Act, should pay the insurance money paid by the Plaintiff due

B. The Defendant’s assertion that the instant fire occurred not in E but in the neighboring “H store,” and the instant building is a place where there is no duty to install a fire-fighting system, and thus, the employee did not have any defect in the installation or preservation of the structure, such as unloading and leaving the fire before the occurrence of the instant fire, or did not neglect the duty of care necessary for the prevention of damage. Therefore, the Defendant is

3. Determination

A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 2, 3, 4, and 7, the instant fire was generated inside E (the passage, office, and toilet part in E) and was stored in E where used cars parts were sold.