1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff, as a company running non-life insurance business, concluded a fire insurance contract with B Co., Ltd. (hereinafter “B”), building on the ground C in Daegu Jung-gu (hereinafter “instant building”) and its accessory facilities.

B. On May 30, 2014, the Defendant leased the first floor of the instant building from B to run the sales business of lighting fixtures with the trade name D, and used it as a warehouse storing D products (hereinafter “instant warehouse”) by additionally leasing the second floor of the instant building on May 30, 2014.

C. On September 9, 2015, a fire occurred in the instant warehouse (hereinafter “instant fire”) around 02:07.

On November 24, 2015, the Plaintiff paid KRW 32,670,180 of the fire insurance money to B in accordance with the fire insurance contract.

[Ground for recognition] Unsatisfy

2. The plaintiff's assertion that the defendant neglected to manage the leased object with the care of a good manager and caused the loss of the warehouse of this case. Thus, the defendant is obligated to compensate for the damage caused by the fire of this case to B.

As the Plaintiff acquired the right to claim damages against the Defendant under Article 682 of the Commercial Act by paying insurance money to B in relation to the instant fire, the Plaintiff sought payment of the amount equivalent to the above insurance money paid by the Plaintiff to the Defendant.

3. Determination

A. In full view of the following circumstances as a result of the fact-finding conducted by the National Scientific Investigation Agency of this Court on the point of fire fighting and the causes of fire, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, Eul evidence Nos. 1, and the Daegu Central Fire Investigation Agency of the Republic of Korea on the results of the fact-finding and the fact-finding supplementation conducted, the fire of this case can be found to have occurred in the electrical and abnormal power source connecting line inside the wall surface of the warehouse of this case.

1. The surface of the wall of the letter on the fire site of this case is cut.