1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Facts of recognition;

A. On August 31, 2016, the Plaintiff is an insurer that entered into an insurance contract with C with respect to the facility and the aggregate equipment equipment within the building in Namyang-si (hereinafter “instant building”) with respect to the insurance period from August 31, 2016 to August 31, 2021, with respect to the said building (hereinafter “instant insurance contract”).

B. The Defendant is a corporation operating a restaurant with the trade name of “J” by leasing the instant building H heading and I from G, the owner of the instant building.

C. On December 20, 2017, around 15:43, a fire occurred in the instant building K, and approximately KRW 25 square meters inside the instant fire (hereinafter “instant fire”) were destroyed, and a large number of household fixtures, such as electric charge boards and electric rail lines inside the fire, were destroyed by damage.

On January 23, 2018, the Plaintiff paid KRW 5,457,701 to C, based on the damage evaluation of the damage adjuster, with the insurance money for the instant building E-head facilities and household fixtures goods caused by the instant fire, for their drinking and flood damage.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, 19, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. (1) The plaintiff's assertion (1) The fire accident of this case occurred due to negligence on the part of the defendant's employees, without taking necessary measures to prevent the transfer of a fire to the surrounding area, and by laying on the electric rail in the K of the building of this case, the duplication heat of the electric rail in this case was stuck into the adjacent combustible materials, and thus, the defendant is liable to compensate for the damages suffered by C due to the fire accident of this case pursuant to Article 756 of the Civil Act as L's user, or (2) the defendant is liable to compensate for the damages caused by the fire of this case under Article 756 of the Civil Act as the owner and manager of the building of this case under Article 750 of the Civil Act or Article 758 of the Civil Act, as the owner and manager of the building of this case under Article 750 of the Civil Act.