A. Nonparty B, C, and D (hereinafter “instant building”) operated each restaurant in the trade name of each of F, G, and H in E-building in E-si, Leecheon-si (hereinafter “instant building”), and concluded each insurance contract with the Plaintiff with regard to the store it operates.

B. Defendant A, on the third floor of the instant building, operated a restaurant with the name “I” (hereinafter “instant store”). On April 14, 2015, Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd.”) concluded a non-distribution spectrum comprehensive property insurance contract with the content that the Defendant Co., Ltd. is liable for fire and legal liability arising in relation to the instant store’s business.

C. On January 22, 2016, Nonparty J was a person who works for the employees of the store of this case operated by Defendant A, and around 12:10 on the bend of the store of this case, there was a fire due to a satch remaining in the satch sat, which was left in the satch sat, without completely extinguishing the satum of the cigarette butts. Accordingly, the stores, facilities, and fixtures operated by each of the insured of this case were damaged.

In accordance with the provisions of each of the instant insurance contracts, the Plaintiff paid the insured total sum of KRW 103,049,124 as stated in the attached Form.

[Grounds for Recognition: The entries in the evidence of subparagraphs 1 through 22, and the purport of the whole pleadings]

2. Determination

A. According to the above facts, since the fire of this case was caused by the negligence of the employee of the defendant A, the defendant A, as the employer of the J, bears the employer's liability under Article 756 of the Civil Code against the illegal act of the J.

However, the fire of this case is caused by fire, and it is difficult to view the occurrence of the fire as the gross negligence of the employee, and the defendant A also is the fire of this case.