1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. Around July 5, 2013, the Plaintiff entered into an non-dividend 101 D (the game room; hereinafter “instant store”) of the first floor of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, and the Defendant leased and operated the instant 102 “E” (hereinafter “E”) adjoining the instant store.

B. A fire that could not know the cause in the instant singing room around September 7, 2015 (hereinafter “the instant fire”) occurred, and the instant singing room was destroyed, and subsequently, the neighboring shop suffered damage to the house fixtures, equipment, facilities, etc. inside the instant singing room.

Accordingly, on March 16, 2016, the Plaintiff paid KRW 26,587,514 to B with the insurance proceeds for the house fixtures, etc. of the instant store.

C. The instant singing room is located in the underground floor of the F building located in Gangdong-gu Seoul Metropolitan Government (hereinafter “F building built of reinforced concrete of the 6th floor”). The inside room is located in approximately 77 square meters, 12 studs (one studs, one warehouse) with a total of 12 studs (one 11 strings, one warehouse). The inside room is inside, and there is a studs and a studs room inside the left part, and the neighboring shop is located in B operation.

The comprehensive report on the occurrence of a fire prepared by the Seoul Gangnam Fire Station, which extinguishments and investigates the fire of this case, states as a result of a field investigation that the fire of this case is excluded from fire sources due to the factors of fire and gas machinery, and that the fire of this case is treated as a cause because there is no clear evidence to find out it.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The summary of the assertion is that the fire of this case occurred at the instant singing room managed by the Defendant, and thus, it is either caused by the Defendant’s care or at least caused by the said singing room and its room.