1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Basic facts

A. The Plaintiff concluded a fire insurance contract between January 4, 2011 and January 4, 2016 with the insurance period, with a view to ensuring damage from fire as to machinery facilities and movable property within 6.35 square meters of a 1st floor factory among the 2nd floor buildings located in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant factory”) located in Seongdong-gu Seoul Metropolitan Government.

B. Defendant A is a business operator operating microprocessing plants at the 1st floor store adjacent to the instant factory (hereinafter “instant store”). Defendant Hyundai Marine Fire Insurance Co., Ltd. is an insurer who entered into a fire liability insurance contract with Defendant A.

C. On September 16, 2013, around 23:35, the occurrence of a fire in the instant store and the occurrence of an accident where mechanical facilities and movable property in the said factory are damaged by fire burning (hereinafter “instant fire accident”). D.

On December 16, 2013, the Plaintiff paid KRW 41,624,573 of the insurance proceeds from the instant fire accident to B.

[Ground of recognition] Facts without dispute, Gap 1 to Gap 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Defendant, who is the owner or possessor of the structure, such as electric facilities, within the instant store as alleged by the Plaintiff, is liable to compensate for the damages suffered by B pursuant to Article 758(1) of the Civil Act or Article 750 of the Civil Act, since the instant fire accident occurred due to the defect in the installation and management of the said structure, although he/she neglected his/her duty to inspect the horizontal electric facilities and prevent fire in advance.

Therefore, the Plaintiff, who paid insurance money to B, sought reimbursement from the Defendants equivalent to the above insurance money.

B. As to the recognition of liability under Article 758(1) of the Civil Code, defects in the installation and preservation of a structure under Article 758(1) of the Civil Code are not safety that the structure must normally have in accordance with its use.