The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. Defendant B leased from D the five-story F of the five-story 1st underground floor building (hereinafter “instant building”) on the ground of reinforced concrete structure slive roof in Ansan-si, Ansan-si, Ansan-si (hereinafter “D”), the part of 234 square meters among the five-story F of the building (hereinafter “instant building”).

B. On October 12, 2016, from October 17, 2016 to October 16, 17, 2017, the Plaintiff concluded a mutual aid agreement with D with D as the mutual aid fee of KRW 467,400, total mutual aid premium of KRW 850,000,00, and the amount of mutual aid premium of KRW 850,00,00, and the subject matter of mutual aid, the G heading, H, I, K, H, H, M, F, F, and branch-story parking facilities, machinery rooms, water tank rooms, water tank rooms, and first floor retail stores, etc. (hereinafter “instant mutual aid agreement”).

On the other hand, Defendant C Co. is an insurer who entered into a facility owner liability insurance contract with Defendant B on the instant store.

C. On February 14, 2017, at around 10:36, a fire (hereinafter “instant fire”) occurred in the instant building F, and the fifth floor of the instant building was almost 130 square meters, and there was a loss equivalent to KRW 108,215,52 in the instant store, such as the spread of the fire to the outside of the building, and the outer wall of the building was partially damaged.

From May 29, 2017, the Plaintiff paid KRW 132,964,605 to D as damages incurred from the instant fire, following a damage assessment on the instant fire.

E. The findings of the investigation conducted by the competent fire station and the police station that investigated the fire outbreak branch and cause of the instant fire are as follows.

1 A fire site survey report in the Ansan Fire Fighting Station: ① the burning of the instant fire was in the shape of burning at the lower part of the upper part; and the tin and half of the ceiling was exposed to the upper part of the ceiling set in the shape of the ceiling that was exposed to the bottom of the ceiling; ② Comprehensively considering various circumstances, fire possibility, mechanical factors, gas leakage, human care, etc. were excluded from the cause of the fire due to lack of relevance; ③ Electric power distribution connected through the ceiling.