1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company that engages in the manufacturing business, etc. of legal products in the factory located in Pyeongtaek-si, 101-ro 17 (hereinafter “Plaintiff factory”), and the Defendant is a company that engages in the manufacturing, processing, and sales business of polybane in the factory located in the 85-ro of Pyeongtaek-si, adjacent to the Plaintiff factory (hereinafter “instant factory”).

B. At around 01:50 on August 21, 2015, 4 factories, such as a combustion room, etc., were discharged from fire inside the instant factory, and partially destroyed nearby factories, etc., including the Plaintiff’s factory to which fire is relocated.

(hereinafter referred to as “instant fire”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 6, and Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the instant fire was likely to have occurred as one of the causes of electrical factors, fire prevention, fire extinguishing, and natural combustion. In any case, it is evident that the Defendant’s failure to perform the duty of protection to the extent of general requirements for the instant plant in preparation for fire, and the fire was caused.

The outdoor warehouse in the instant plant, which appears to be the point of extinguishing the instant fire (hereinafter “instant outdoor warehouse”) falls under “specific fire-fighting objects” under the Fire-Fighting Systems Act, and according to the Fire-Fighting Systems Act and the Enforcement Decree of the same Act, the instant outdoor warehouse does not have such facilities, although fire-fighting equipment and alarm equipment should be installed in specific fire-fighting objects.

In the instant outdoor warehouse, polybane pumps manufactured by the Defendant Company were loaded, but polybane pumps, which are special combustible materials, should be stored in a fireproof structure and equipped with fire-fighting equipment in preparation for fire.

However, the outdoor warehouse of this case is a tent, and no specific fire-fighting system is installed.

Even if the cause of the fire was not revealed, the defendant.