2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is an insurer who concluded a fire insurance contract with B and the insurance period as “from December 14, 2012 to December 14, 2013,” setting the subject matter of the insurance as “D stores (hereinafter “instant buildings”) and their inner facilities, fixtures, and movables from among the buildings located in Gwangjin-gu, Gwangju-gu, and the subject matter of the insurance.”

B. On May 27, 2013, around 11:10, a fire occurred in the beauty art room of the “E” in the “E” building located in Gwangju North-gu, Gwangju-gu, where the Defendant leased, and the inside of the store with the “D” attached to the instant building was destroyed due to the said fire.

C. According to the written appraisal by the National Institute of Scientific Investigation, the fire fighting division of this case was presumed to be the surrounding areas, including air conditioners inside the defendant's beauty room.

The Plaintiff paid KRW 60,181,155 to B, etc. with the insurance proceeds from the instant fire.

【Ground of recognition】 without any dispute, Gap’s evidence Nos. 1, 5, 6, Gap’s evidence Nos. 9, 10, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion that the fire occurred in the part of the upper part of the cosmetic which the Defendant leased and occupied. Since the Defendant’s air conditioners, which is the point of combustion, are installed for business activities, the Defendant did not take any protective measures in spite of its duty to take protective measures to prevent fire.

Therefore, there is a defect in the installation and preservation of the structure in the condition that the store and facilities of this case, which the defendant occupied and managed independently, do not meet the safety requirements ordinarily.

B. The following circumstances, which are acknowledged by comprehensively taking account of the evidence as examined earlier and the written evidence No. 3’s overall purport of the pleadings, namely, (i) according to the written appraisal by the National Institute of Scientific Investigation, such as the electric power source inside the beauty room, the electric wires and small transmission machines, etc. inside the beauty room.