1. The plaintiff's claim is dismissed.

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

1. Summary of the plaintiff's assertion

A. On May 25, 2016, the Defendant, as a personal business operator engaged in the business of installing solar heat rupture ruptures with the trade name of “B”, was engaged in rupture work to fix the rupture boiler support stand on the roof of the house owned by D in the East Sea (the instant building) located in “B” in the East Sea.

B. However, the Defendant’s fire (the fire in this case) destroyed the building of this case without taking prior measures to prevent the scattering generated in the contact with inflammable substances or to prevent contact with inflammable substances. As a result, the Defendant carried out the contact work at the above place without taking prior measures to prevent the scattering from being scattered.

C. The Plaintiff is an insurer who has concluded a non-life insurance contract with the owner and his spouse of the instant building, the building, and the interior household tools as the subject matter of the insurance, and the Plaintiff paid KRW 30,107,850 of the insurance money on October 12, 2016 to the damages incurred to the said building and the household building due to the instant fire, and acquired by subrogation the insured’s right to claim damages to the Defendant.

Therefore, the Defendant, who is responsible for the occurrence of the instant fire, is obligated to pay the said KRW 30,107,850 to the Plaintiff as well as damages for delay.

2. Determination

A. In light of the overall purport of the arguments in Gap's evidence Nos. 4 through 6, 8, and Eul evidence Nos. 1 and 4, around May 25, 2016, the defendant was engaged in a melting work to fix the support unit of the solar boiler pipes on the roof of the building of this case on May 25, 2016, and the fire of this case was delayed inside the roof of the building of this case during which the work was carried out, and the results of the investigation in the East Sea Fire Prevention Program and related criminal cases on the above fire, the fire of this case can be found to have first started by heating and extinguishing the stroping materials installed inside the roof of the steel board.

B. However, the aforementioned evidence and the purport of the whole pleadings.