A. On December 8, 2011, the Plaintiff is an insurer that entered into a comprehensive insurance contract for non-payment of dividends (hereinafter “instant insurance contract”) with respect to the Plaintiff and its interior machinery, fixtures, and movable property from December 8, 201 to December 8, 201, the insurance period of which is from December 8, 2011, with respect to the second warehouse building (hereinafter “Plaintiff’s building”) located in Asan City.

B. The Defendant is a person who operates gold-type manufacturing business in the name of “C” under the lease of the first warehouse building located on the same lot number (hereinafter “Defendant building”).

C. Based on the road, each of the above buildings is attached to the right side of the Defendant building and the left side of the Plaintiff’s building in contact with each other. On November 13, 2012, around 23:25, a fire occurred in each of the above buildings, and an accident occurred in which the Plaintiff’s building and its internal machinery, fixtures, and movable property were destroyed.

(hereinafter “instant fire”). D.

On January 22, 2013, the Plaintiff paid KRW 116,473,652 as insurance proceeds to D, the owner of the Plaintiff’s building, KRW 48,65,638, its internal machinery, office fixtures and fixtures, and the non-party company, the owner of movable property, KRW 67,818,014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including more than each branch number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the fire of this case occurred due to electrical heat and flames caused by the fall of the electric wires installed near the front part of the back part of the defendant's building, which is responsible for the defendant's management, and therefore, the defects in the installation and preservation of structures or the negligence in the management of the building shall be recognized. Thus, the defendant is based on Article 758 (1) of the Civil Act or Article 750 of the Civil Act to the non-party company and D, the victim.