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

A. The Plaintiff entered into a fire liability insurance contract with the content that the maximum amount of compensation per accident is KRW 500 million with respect to the first floor of the building located in Pyeongtaek-si C (D stores and retail businesses within the boundary of Pyeongtaek-si).

B. At around 15:00 on March 29, 2014, the cause of a fire that occurred near the installation of the first floor of the building in question, and the goods, facilities, etc. in the said B’s store was destroyed.

(hereinafter “instant fire”). C.

The Plaintiff paid KRW 28,342,944 as insurance proceeds for the property damage suffered by B due to the instant fire.

On the other hand, the defendant operates a new store with the trade name "E" in the shopping mall adjacent to the shopping mall operated by the above B.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-2, Gap evidence 5, and 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the fire in this case occurred on the roof of the shop operated by the Defendant, and the Defendant neglected to take such measures as to safely check and manage the air conditioner, which is its owner, and thereby, failed to do so. Therefore, the Defendant is liable to compensate for the damages incurred by B due to the fire in this case.

Therefore, the defendant is obligated to pay the insurance money that the plaintiff paid to B to the plaintiff.

B. In order to recognize liability for damages pursuant to Article 758(1) of the Civil Act for a fire that occurred due to a defect in the installation or preservation of a structure, even if the cause of the fire was not clearly revealed, it should be proven that at least the fire occurred in the occupied space of the structure or the possessor of the structure, and that the defect in the installation or preservation of the structure was involved in the occurrence or spread of the fire.

However, the evidence submitted by the plaintiff alone is owned by the defendant.