1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

The Plaintiff entered into an unlimited dividend so-called “G” property comprehensive insurance contract between August 20, 2010 and August 20, 2015 with respect to the goods, fixtures, etc. of Jongno-gu Seoul Metropolitan Government “B” operated by Jongno-gu C, with the content that guarantees damage caused by fire during the insurance period.

On September 28, 2011, around 15:58, a fire occurred in Jongno-gu Seoul Metropolitan Government D Ground Wood Building (hereinafter referred to as the “instant building”) and the sales stores, commodities, and office fixtures, etc. adjacent to the instant building were damaged by flames and fire-fighting waterways.

(hereinafter “instant fire.” At the time of the instant fire, the Defendant is the owner of the instant building and Jongno-gu Seoul C ground wooden building. At the time of the occurrence of the instant fire, three stores, including F’s “E” and H’s “I” were operating in the instant building. The Seoul Jongno-gu C ground wooden building operated six stores, including “G” operated by B.

On February 27, 2012, the Plaintiff paid KRW 61,165,029 with the insurance proceeds from the instant fire (i.e., inventory assets of KRW 48,845,193, KRW 495,792, KRW 493,195, KRW 3,418,827, KRW 3,912,02).

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 7, Gap evidence No. 8-13, assertion of the purport of the whole pleadings, and the plaintiff's assertion by the parties to judgment occurred due to defects in the two-story workplace, which are the areas controlled and managed by the defendant, the owner of the building of this case.

In addition, the Defendant, the owner of the instant building, was negligent in inspecting the installation status of the Pyeongtaek Electric Facilities and preserving and managing the aged electric facilities so as to have safety equipped with the buildings ordinarily. In order to prevent the spread of fire, the outer wall is made into a fireproof structure.