The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding thereto shall be dismissed.

1. Basic facts

A. The Defendant leased from C the building of 2nd floor above the D ground surface (hereinafter “the building of this case”) and operated a restaurant with the trade name “E”.

F The 2nd floor building G (hereinafter “instant 2”) was leased and operated by the name “H” in the name of “H,” adjacent to the Hanam-si.

B. On October 12, 2015, the Plaintiff entered into a fire insurance contract with F with respect to all of the instant building No. 2 and its facilities and household fixtures (hereinafter “instant fire insurance contract”) for the period from October 12, 2015 to October 12, 2020.

C. On January 29, 2019, at around 04:55, a fire (hereinafter “the instant fire”) occurred in the instant building No. 1, and the instant building was burned and spreading to the adjacent building No. 2, causing damage to the exterior wall, roof, glass, and F facilities and fixtures of the instant building, etc.

On April 15, 2019, the Plaintiff paid KRW 32,716,811 as insurance money with respect to the damage of F, etc. caused by the instant fire.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 3, video, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion is the possessor using the instant building, which is a wooden building, and the Defendant neglected his duty to prevent the occurrence and spread of a fire by installing fireproof equipment, automatic fire extinguishing equipment, etc. in the building.

Therefore, the defendant is liable for damages under Article 758(1) of the Civil Act, and the defendant is obligated to claim the amount equivalent to 70% of the insurance proceeds to the plaintiff who subrogated the right to claim damages under Article 682(1) of the Commercial Act.

B. Article 758(1) of the Civil Act provides that “The construction or maintenance of a structure causes damage to another person.”