1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The parties concerned C is the owner of the shopping mall located in Seojin-gu Seoul Metropolitan City D (hereinafter “instant shopping mall”). The Plaintiff is a person who, by leasing part of the first floor of the said shopping mall from Nonparty C, operates the cosmetic materials wholesale and retail business, etc. under the trade name of “E” (hereinafter “Plaintiff shop”). The Defendant is a person who, from Nonparty C, operates food retail business, etc. under the trade name of “F” (hereinafter “Defendant shop”).

B. On April 9, 2017, the occurrence of the instant fire, around 07:03, at the Defendant’s store, a fire occurred, and there was a fire that destroyed various movable property, such as cosmetic materials, etc. stored inside the Plaintiff’s store, which was destroyed by a fire, and the equipment stored inside the Plaintiff’s store that was adjacent to the instant store.

(hereinafter referred to as the “instant fire”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 18, 22 (including paper numbers, hereinafter the same shall apply), Eul evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant, who operated the Defendant store by leasing part of the 1st floor of the instant commercial building, operated a kimchi manufacturing and sales business using the cooling house using a large quantity of electricity and kimchi storage and cooling house. As such, the Defendant, as the user and occupant of electric facilities, was responsible for the management of electric facilities, etc., and due to the negligence in failing to properly check and manage the electric distribution line of the instant commercial building and caused the instant fire, the Plaintiff is liable to compensate for the Plaintiff’s damage caused by the instant fire.

B. Whether the possessor of a structure is liable for damages pursuant to Article 758(1) of the Civil Act or not, a defect in the installation and preservation of a structure pursuant to Article 758(1) of the Civil Act is in a state where the structure does not have safety ordinarily required for its use.