1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a fire insurance contract with B regarding the third floor building located in the branch of the Gyeonggi-gu Seoul Metropolitan City (hereinafter “instant building”) with the insurance period from November 28, 2014 to November 28, 2029.

B. Around March 23, 2011, the Defendant: (a) leased from B a store of 103 floors among the instant building (hereinafter “instant store”) at KRW 5,000,000, monthly rent of KRW 300,000; and (b) around that time, the instant store was used as a storage of interior materials.

C. On March 15, 2015, around 12:21, 2015, a fire occurred in the instant building, and the inside of the instant store was destroyed by fire, and the outer wall of the instant building was damaged (hereinafter “instant fire”), and the Plaintiff is the Plaintiff.

On June 1, 2015, in accordance with the fire insurance contract under this subsection, KRW 48,672,891 was paid to B with the insurance proceeds from the fire of this case.

[Ground for Recognition: Facts without dispute, entries in Gap evidence Nos. 1, 2, 4, 5, and 7, the purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff should have inspected the electrical facilities in the store of this case from time to time and prevented the fire of this case, but even if not, the fire of this case was caused at the store of this case which falls under the exclusive control area of the defendant, who is the lessee, and thus, the defendant is liable to compensate for the damages caused by the fire of this case as stipulated in Article 390 of the Civil Act and as the possessor of the structure under Article 758(1) of the Civil Act, on the premise that the defendant is liable to compensate for the damages caused by the non-performance of obligation as stipulated in Article 390 of the Civil Act and as the possessor of the structure as stipulated in Article 758(1) of the Civil Act.

B. As to the assertion of liability for damages due to nonperformance, No. 7, No. 1, No. 2, and No. 3.