A. Fact 1) The Plaintiff’s vehicle A (hereinafter “instant vehicle”)

(2) Around March 2014, the Defendant requested the repair of the instant vehicle to the Defendant, and the Defendant received the delivery and kept it in the building of the automobile industry company. The Defendant kept the automobile industry company in the building of the automobile industry company of Seongdong-gu Seoul Metropolitan Government.

3) The above automobile industry building is a four-story building of the sandbrid panel structure, and the heat treatment design work room on the side of the right and right side of the second floor inside the one floor where the building is located (hereinafter “domain book”).

(4) On March 5, 2014, the Plaintiff paid KRW 43,340,000,00 as the total loss insurance money of the instant vehicle on June 5, 2014, when a fire occurred at the left-hand Do ledger of the first floor. However, around 08:30 on March 27, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

B. According to the above facts, the Defendant concluded a repair contract with B and received it, and thus, the Defendant was obligated to take all necessary measures to prevent the instant vehicle from being damaged, stolen, or lost as a good manager’s duty. However, barring special circumstances, such as the occurrence of a fire on the instant automobile industry building, which was kept in custody at that place, the Defendant cannot be exempted from the liability for nonperformance due to the loss of the instant vehicle, and the Defendant is obligated to claim reimbursement of the amount equivalent to B’s damages within the insurance amount paid to the Plaintiff. (2) The Defendant first becomes liable for the damages incurred due to the possibility of an external factor.