1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. The plaintiff and the defendant among the costs of appeal.

1. Basic facts

A. B between October 27, 201 and B, the Plaintiff entered into a comprehensive property insurance contract with respect to D restaurant (hereinafter “Plaintiff restaurant”) located in part of one floor of the second floor (the roof structure of the 2nd floor of the light steel framed, and the building of this case; hereinafter “instant building”) on the ground of Silung City’s ground, the Plaintiff is an insurer of the instant golf course with respect to which the Plaintiff entered into an insurance contract with the owner of the instant building and the owner of the instant golf course (hereinafter “the instant golf course”). The Defendant is the owner of the instant golf course who directly operates the instant building (hereinafter “the instant golf course”).

B. On December 20, 2012, around 00:45, the fire occurred in the instant building, and the inside facilities and office fixtures of the Plaintiff restaurant destroyed.

(hereinafter “instant fire”). C.

B at the time of the instant fire, the Defendant leased and operated the Plaintiff restaurant part of the first floor of the instant building from the Defendant.

On April 4, 2013, the Plaintiff appraised the amount of damages incurred by B due to the instant fire in KRW 33,017,079 and paid it as insurance money.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1, and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant fire occurred within three rooms of the Defendant golf course, which was caused by the Defendant’s negligence, and thus, the Defendant is liable for tort liability under Article 750 of the Civil Act or for a structure under Article 758 of the Civil Act to the victim B caused by the instant fire, and the Plaintiff is liable for nonperformance due to the failure to maintain the leased object as a lessor of the Plaintiff restaurant as necessary for the use of and profit from the leased object. The Plaintiff is liable to B insurance moneying KRW 33,017