1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff concluded a fire insurance contract with C on the building of a factory located D in the following cities: the Plaintiff owned it.

B. From around 2014, the Defendant operated a metal hole that manufactures precious metals, etc. by leasing the said 2nd floor E from the said factory to C.

C. On January 22, 2018, around 07:26, a fire presumed to be electrical fall in the second floor E of the above factory, resulting in a total fire and a sound damage to the two-story natural and flooring materials, etc. of the above factory.

As a result of the investigation, the Gwangju Science Investigation Institute presumed the cause of the fire of this case to be a fall due to the sudden damage of the blocking machine via upper teams near the windows, after the left side of the work room in precious metal operated by the defendant.

E. On March 22, 2018, the Plaintiff paid KRW 74,424,197 of the insurance proceeds from the instant fire to C.

[Ground of recognition] Facts without dispute, Gap 1 through 9 evidence, purport of whole pleadings

2. The plaintiff's assertion and judgment asserted that the plaintiff is liable to the defendant for damages incurred by C due to the impossibility of the return of leased object, or a defect in the installation and preservation of a structure.

In order to prevent various accidents that may arise from defects in the construction or preservation of a structure in de facto control, “the possessor of a structure” refers to the person who has the authority to repair and manage the structure and is in charge of managing it (see, e.g., Supreme Court Decision 2000Da386, Apr. 21, 2000). If the object is destroyed due to a fire during the period when a house, a building or a part of a building is occupied and used by a lessor and possessed by him/her, then the object is destroyed due to defects existing in the area controlled and managed by the lessor, such as the electrical ship, which forms part of the structure installed by the owner of the building, if the fire is presumed to have occurred due to such defects.